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2013 

CUMULATIVE 

POCKET SUPPLEMENT 

IDAHO CODE 



Compiled Under the Supervision of the 
Idaho Code Commission 



R. DANIEL BOWEN 

JEREMY R PISCA ANDREW R DOMAN 

COMMISSIONERS 



TITLES 35-37 



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5042030 



ISBN 978-0-672-83888-0 (Set) 
ISBN 978-1-4224-8376-3 



(Pub.42205) 



PUBLISHER'S NOTE 



Amendments to laws and new laws enacted since the publication of the 
bound volume down to and including the 2013 regular session are compiled 
in this supplement and will be found under their appropriate section 
numbers. 

This publication contains annotations taken from decisions of the Idaho 
Supreme Court and the Court of Appeals and the appropriate federal courts. 
These cases will be printed in the following reports: 

Idaho Reports 

Pacific Reporter, 3rd Series 

Federal Supplement, 2nd Series 

Federal Reporter, 3rd Series 

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Title and chapter analyses, in these supplements, carry only laws that 
have been amended or new laws. Old sections that have nothing but 
annotations are not included in the analyses. 

Following is an explanation of the abbreviations of the Court Rules used 
throughout the Idaho Code. 

I.R.C.P. Idaho Rules of Civil Procedure 

I.R.E. Idaho Rules of Evidence 

I.C.R. Idaho Criminal Rules 

M.C.R. Misdemeanor Criminal Rules 

I.I.R. Idaho Infraction Rules 

I.J.R. Idaho Juvenile Rules 

I.C.A.R. Idaho Court Administrative Rules 

I.A.R. Idaho Appellate Rules 

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ADJOURNMENT DATES OF SESSIONS OF 
LEGISLATURE 

Year Adjournment Date 

2012 March 29, 2012 

2013 April 4, 2013 



Vll 



TITLE 35 
FENCES 



CHAPTER. 

1. Fences in General, § 35-106. 



CHAPTER 1 
FENCES IN GENERAL 

SECTION. 

35-106. Disagreement between owners — 
Viewers. 

35-106. Disagreement between owners — Viewers. — If adjoining 
proprietors cannot agree as to the proportion or the particular part of a 
division fence to be made, maintained or kept in repair by each respectively, 
either party may apply, on five (5) days' notice, to a magistrate judge, for the 
appointment of three (3) viewers, who may examine witnesses on oath, and 
view the premises and must determine: 

1. If the fence is owned by one (1) proprietor, how much the other must 
pay as his proportion of the value. 

2. If the fence or the whole thereof is not built, which part thereof must 
afterward be built and kept in repair by each. 

The determination of the viewers must be reduced to writing and signed 
by them, and filed in the office of the county recorder, and such determina- 
tion is conclusive upon the parties. If any part of such determination 
consists in fixing the value of a fence for which one (1) party is to pay the 
other a proportion also fixed, such proportion must be paid within thirty (30) 
days after notice of such determination, and if not so paid, may be recovered 
by action in any court of competent jurisdiction. The viewers are entitled to 
a fee of three dollars ($3.00) each, one-half (1/2) to be paid by each 
proprietor. 

History. C.L., § 1269; C.S., § 1961; I.C.A., § 34-106; 

1884, p. 118, § 1; R.S., § 1305; reen. R.C. & am. 2012, ch. 20, § 18, p. 66. 

STATUTORY NOTES 

Amendments. peace of the township, if there be one, if not, to 

The 2012 amendment, by ch. 20, substi- the probate judge" near the middle of the 
tuted "magistrate judge" for "justice of the introductory paragraph. 



Digitized by tine Internet Arcliive 
in 2013 



Iittp://arcliive.org/details/govlawidsupp35372013 



TITLE 36 
FISH AND GAME 

chapter. chapter. 

1. Fish and Game Commission, §§ 36-107, 36- 14. General Penal Provisions, § 36-1401. 

111. 15. Public Safety, § 36-1508. 

4. Licenses to Hunt, Fish and Trap, §§ 36-404 le. Recreational Trespass — Landholder Lia- 

— 36-309, 36-416. bility Limited, § 36-1603. 

6. Commerclu. Traffic in Skins, Hides, and 

Pelts of Wildlife, § 36-606. 

CHAPTER 1 
FISH AND GAME COMMISSION 

SECTION. SECTION. 

36-107. Fish and game account. 36-111. Fish and game set-aside account. 

36-106. Director of department of fish and game. 

JUDICIAL DECISIONS 

Bighorn Sheep. department's letter, accepting responsibihty 

Idaho department of fish and game has no for disease transmission from domestic sheep 

duty to indemnify domestic sheep owners for to bighorns, imposed such a duty. Idaho Wool 

curtailment of grazing allotments by the Growers Ass'n v. State, — Idaho — , — P.3d — , 

United States forest service, because neither 2012 Ida. LEXIS 194 (Sept. 14, 2012). 
paragraph (e)(5)(D) of this section nor the 

36-107. Fish and game account. — (a) The director shall promptly 
transmit to the state treasurer all moneys received by him, from the sale of 
hunting, fishing and trapping licenses, tags and permits or from any other 
source connected with the administration of the provisions of the Idaho fish 
and game code or any law or regulation for the protection of wildlife, 
including moneys received from the sale of predatory animal furs taken 
under the provisions of this chapter, and the state treasurer shall deposit all 
such moneys in the fish and game account, which is hereby established, 
reserved, set aside, appropriated in the state treasury, and made available 
until expended as may be directed by the commission in carrying out the 
purposes of the Idaho fish and game code or any law or regulation 
promulgated for the protection of wildlife, and shall be used for no other 
purpose. Pending expenditure or use, surplus moneys in the fish and game 
account shall be invested by the state treasurer in the manner provided for 
idle state moneys in the state treasury by section 67-1210, Idaho Code. 
Interest received on all such investments shall be paid into the account. The 
state controller shall annually, by August 1 of each year, transfer the sum of 
one hundred thousand dollars ($100,000) from the fish and game account to 
the University of Idaho Caine Veterinary Teaching and Research Center for 
disease research regarding the interaction of disease between wildlife and 
domestic livestock. Said moneys shall be expended on projects agreed upon 



36-111 FISH AND GAME 4 

by the University of Idaho Caine Veterinary Teaching and Research Center 
and the director of the department of fish and game. 

(b) The commission shall govern the financial policies of the department 
and shall, as provided by law, fix the budget for the operation and 
maintenance of its work for each fiscal year. Said budget shall not be 
exceeded by the director. 

(c) The sum of two dollars ($2.00) from each license authorized in sections 
36-406(a) and 36-407(b), Idaho Code, which entitles a person to fish, shall be 
used for the construction, repair, or rehabilitation of state fish hatcheries, 
fishing lakes, or reservoirs. 

(d) The department is authorized to expend up to one dollar and fifty 
cents ($1.50) from each resident deer and elk tag sold and five dollars ($5.00) 
from each nonresident deer and elk tag sold to fund the department's big 
game landowner-sportsman's relations program. 

History. 1985, ch. 154, § 1, p. 411; am. 1986, ch. 294, 

I.e., § 36-107, as added by 1976, ch. 95, § 2, p. 739; am. 1990, ch. 372, § 2, p. 1023; 

§ 2, p. 315; am. 1977, ch. 212, § 1, p. 580; am. am. 1990, ch. 388, § 1, p. 1067; am. 1992, ch. 

1980, ch. 88, § 1, p. 191; am. 1981, ch. 97, § 3, 140, § 1, p. 432; am. 1994, ch. 180, § 56, p. 

p. 139; am. 1984, ch. 197, § 1, p. 368; am. 420; am. 2013, ch. 69, § 1, p. 167. 

STATUTORY NOTES 

Amendments. this section, is not defined statutorily. It is 

The 2013 amendment, by ch. 69, substi- beheved to be a reference to all of title 36, 

tuted "director of the department of fish and Idaho Code, as it was enacted by S.L. 1976, 

game" for "state wildlife veterinarian" at the ch. 95, § 2. 

end of subsection (a). For additional information on the Caine 

Compiler's Notes. Veterinary Teaching Center, see httpJI 

The Idaho fish and game code, referred to in www.cainecenter.uidaho.edu. 

36-111. Fish and game set-aside account. — (1) There is hereby 
established the fish and game set-aside account in the dedicated fund. The 
account shall have paid into it moneys as follows: 

(a) Four dollars ($4.00) of each steelhead trout or anadromous salmon 
permit sold. Moneys from this source shall be used for the acquisition, 
development and maintenance of parking areas, access sites, boat ramps 
and sanitation facilities in salmon and steelhead fishing areas, for 
management of and research on steelhead trout and anadromous salmon 
problems, and for technical assistance with litigation concerning 
steelhead and anadromous salmon originating in Idaho. 

(b) Two dollars ($2.00) from each combination hunting and fishing 
license, or each hunting license sold, as provided in sections 36-406 and 
36-407, Idaho Code, except that class 4 licenses shall be exempt from this 
provision. Moneys from this source shall be used for the purposes of 
acquiring access to and acquiring and rehabilitating big game ranges and 
upland bird and waterfowl habitats. Unless it is inconsistent with the 
goals of the commission, it is the intent of the legislature that the 
commission negotiate lease arrangements as compared with outright 
purchase of private property. 

(c) One dollar and fifty cents ($1.50) from each antelope, elk and deer tag 



5 FISH AND GAME COMMISSION 36-111 

sold as provided in section 36-409, Idaho Code. Not less than seventy-five 
cents (75(2) of each one dollar and fifty cents ($1.50) collected shall be 
placed in a separate account to be designated as a feeding account. 
Moneys in this account shall be used exclusively for the purposes of actual 
supplemental winter feeding of antelope, elk and deer. Moneys shall be 
used solely for the purchase of blocks, pellets and hay for such winter 
feeding purposes and/or for the purchase of seed or other material that 
can be shown to directly provide feed or forage for the winter feeding of 
antelope, elk and deer. The balance of moneys realized from this source 
may be used for the control of depredation of private property by antelope, 
elk and deer and control of predators affecting antelope, elk and deer. 
Moneys in the feeding account shall not be used for any purpose other 
than winter feeding as herein specified. Moneys in the feeding account 
may not be expended except upon the declaration of a feeding emergency 
by the director of the department offish and game. Such emergency need 
not exist on a statewide basis but can be declared with respect to one (1) 
or more regions of the state. The department shall by rule establish the 
criteria for a feeding emergency. The department shall submit a yearly 
report to the senate resources and environment committee and the house 
resources and conservation committee of the legislature on or before the 
31st day of July, detailing how funds in the feeding account have been 
expended during the preceding fiscal year. 

(d) Those amounts designated by individuals in accordance with section 
63-3067A(3)(a), Idaho Code, and from fees paid under the provisions of 
section 49-417, Idaho Code. Moneys from these sources shall be used for 
a nongame management and protection program under the direction of 
the fish and game commission. 

(e) Money derived from the assessment of processing fees. Moneys 
derived from this source shall be used as provided in section 36-1407, 
Idaho Code. 

(2) Moneys in the fish and game set-aside account and the feeding 
account established in subsection (l)(c) of this section are subject to 
appropriation, and the provisions of section 67-3516, Idaho Code. Moneys in 
the fish and game set-aside account and the feeding account shall be 
invested by the state treasurer in the manner provided for investment of 
idle state moneys in the state treasury by section 67-1210, Idaho Code, with 
interest earned on investments from each account to be paid into that 
account. 

History. 269, § 1, p. 832; am. 2000, ch. 211, § 4, p. 538; 

I.e., § 36-111, as added by 1990, ch. 388, am. 2008, ch. 218, § 1, p. 675; am. 2012, ch. 

§ 7, p. 1067; am. 1992, ch. 190, § 2, p. 593; 342, § 1, p. 954. 
am. 1994, ch. 149, § 2, p. 342; am. 1994, ch. 

STATUTORY NOTES 

Amendments. rehabihtation of winter range for" in the third 

The 2012 amendment, by ch. 342, in sub- sentence, added the fourth sentence, deleted 

section (c), substituted "actual supplemental "until the total funds in the account, including 

winter feeding of" for "winter feeding of and any interest earnings thereon, equal or ex- 



36-404 FISH AND GAME 6 

ceed four hundred thousand dollars Compiler's Notes. 

($400,000)" from the end of the sixth sentence S.L. 2012, Chapter 342 became law without 

and added the last sentence. the signature of the governor. 

CHAPTER 4 
LICENSES TO HUNT, FISH AND TRAP 

SECTION. SECTION. 

36-404. Classes of licenses. 36-408. Commission's authority — Tags — 
36-405. Application for license — Duplicate Permits — Nonresidents lim- 

license — Unlawful purchase, ited — Outfitters set-aside. 

possession, and use of license. 36-409. Game tags — Permits — Fees — 
36-406. Resident fishing, hunting and trap- Penalty. 

ping licenses — Fees. 36.416 Schedule of hcense fees. 
36-407. Nonresident combination, fishing, 

hunting, and trapping licenses 

— Fees — Rights under. 

36-404. Classes of licenses. — The licenses required by the provisions 
of this title shall be of eight (8) classes. Classes one (1) through five (5) and 
eight (8) in this section may be purchased or obtained only by persons who 
meet residency requirements under the provisions of section 36-202(s) and 
(t), Idaho Code, or who are valid holders of a lifetime license certificate. 

Class 1: Adult Combination — Hunting — Fishing — Trapping Licenses. 
Licenses to be issued only to persons who are residents of the state of Idaho. 

Class 2: Junior Hunting — Trapping. 

(a) Junior hunting license. Licenses to be issued only to persons who are 
residents of the state of Idaho and are between ten (10) and seventeen (17) 
years of age, inclusive. Provided, that a license may be issued to qualified 
persons who are nine (9) years of age to allow the application for a controlled 
hunt turkey permit; however, said persons shall not hunt until they are ten 
(10) years of age. Persons with a junior hunting license who are ten (10) or 
eleven (11) years of age shall not hunt big game and said persons shall be 
accompanied in the field by an adult licensed to hunt in the state of Idaho. 

(b) Junior trapping licenses. Licenses to be issued only to persons who are 
residents of the state of Idaho and are seventeen (17) years of age or 
younger. 

Class 3: Junior Combination — Fishing Licenses. Licenses to be issued 
only to persons who are residents of the state of Idaho between fourteen (14) 
and seventeen (17) years of age, inclusive. 

Class 4: Senior Resident Combination License. Licenses to be issued only 
to persons over sixty-five (65) years of age who have been bona fide residents 
of the state of Idaho for a continuous period of not less than five (5) years last 
preceding application. 

Class 5: Resident Lifetime Combination — Hunting — Fishing License. 
Licenses to be issued only to persons who are valid holders of a lifetime 
license certificate. 

Class 6: Nonresident Combination — Hunting — Fishing — Trapping — 
Junior Mentored Hunting — Disabled Hunting License for American 
Veteran Participating in a Hunt in Association with a Qualified Organiza- 
tion — Licenses. Licenses required of persons who are nonresidents. 



7 LICENSES TO HUNT, FISH AND TRAP 36-405 

Class 7: Duplicate License — Tag. A license or tag to be issued as a 
replacement for an original license or tag lost or mutilated. Said license or 
tag shall be issued in the same class and type as the original and upon 
issuance of such duplicate license or tag the original license or tag shall 
become null and void. 

Class 8: Resident Hunting and Fishing License with Tags, Permits and 
Stamps. Licenses to be issued only to persons who meet residency require- 
ments under the provisions of section 36-202(s) and (t), Idaho Code. 

History. § 3, p. 615; am. 2000, ch. 211, § 7, p. 538; am. 

I.e., § 36-404, as added by 1976, ch. 95, 2002, ch. 234, § 2, p. 684; am. 2008, ch. 98, 

§ 2, p. 315; am. 1983, ch. 56, § 1, p. 132; am. § 1, p. 265; am. 2010, ch. 50, § 1, p. 94; am. 

1986, ch. 51, § 2, p. 145; am. 1986, ch. 52, § 2, 2011, ch. 88, § 1, p. 183; am. 2013, ch. 70, § 1, 

p. 149; am. 1988, ch. 205, § 1, p. 385; am. p. 169. 
1996, ch. 185, § 1, p. 582; am. 1998, ch. 175, 

STATUTORY NOTES 

Amendments. paragraph (a) and deleted former paragraph 

The 2013 amendment, by ch. 70, in the (c), relating to youth small game hcenses; and 

Class 2 provisions, deleted "Youth Small deleted "Youth Small Game — Youth Hunter 

Game Licenses" from the end of the introduc- Education Graduate" and substituted "Dis- 

tory language, substituted "ten (10)" for abled Hunting License" for "Disabled Combi- 

"twelve (12)" (twice), substituted "nine (9)" for nation License" in the heading for Class 6 

"eleven (11)", and added the last sentence in provisions. 

36-405. Application for license — Duplicate license — Unlawful 
purchase, possession, and use of license. — (a) Apphcation Required. 

1. Any person making application for a senior resident license, or 
resident license shall provide his Idaho driver's license number as proof of 
residence, or in the case of nondrivers, other suitable proof of residency, 
and state the class of license applied for, the name of the applicant, the 
age of the applicant, his date of birth, his length of residence, his current 
address, and such other information as may be required by the director. 

2. Any person making application for a duplicate license shall state the 
tjrpe and class of license originally purchased and such other information 
as may be required by the director. 

3. No person shall willfully make a false statement as to: 

(A) Name, age, his date of birth, length of residence or current address 
when such statement is made for the purpose of obtaining any license. 

(B) Type and class of original license purchased when applying for a 
duplicate license. 

(b) Loss of License — New One Required, In case of loss of a license, a new 
one shall be required to entitle the person who lost the same to hunt, fish or 
trap. Such person may upon application: 

1. Purchase a new license at the regular fee; or 

2. Replace a lost license with a duplicate license for which a fee as 
specified in section 36-416, Idaho Code, shall be charged. 

3. When a duplicate license has been issued the original license shall 
become null and void. 

(c) Unlawful Purchase, Possession and Use of License. 

1. Every person buying a license must buy a license of the proper type or 



36-406 FISH AND GAME 8 

class according to his residence and age. No person shall purchase or 
possess a license of the wrong class and such license shall be void and of 
no effect from the date of issuance. 
2. No person shall: 

(A) Acquire more than one (1) regular controlled hunt permit per 
species or more tags per species than the commission has set a bag limit 
for that species except as provided in subsection (b) of this section or to 
have said permits or tags in his possession. 

(B) Transfer any fishing, hunting, or trapping license to any other 
person or for any person to make use of such license issued to any other 
person with the exception of a parent or grandparent designating any 
controlled hunt tag or controlled hunt permit to his or her minor child 
or grandchild as prescribed by rules of the commission. A controlled 
hunt tag or controlled hunt permit can be designated only to a minor 
child with a valid hunting license or one who is participating in a 
mentored hunting program as prescribed by rules of the commission. A 
controlled hunt tag or controlled hunt permit designated to a minor 
child cannot be sold. 

History. 222; am. 1995, ch. 63, § 1, p. 157; am. 1995, 

I.e., § 36-405, as added by 1976, ch. 95, ch. 64, § 5, p. 158; am. 1995, ch. 287, § 11, p. 

§ 2, p. 315; am. 1980, ch. 339, § 1, p. 872; am. 951; am. 2000, ch. 211, § 8, p. 538; am. 2012, 

1990, ch. 8, § 1, p. 13; am. 1992, ch. 81, § 6, p. ch. 161, § 1, p. 436. 

STATUTORY NOTES 

Amendments. trolled hunt tag or controlled hunt permit to a 

The 2012 amendment, by ch. 161, in para- minor child or grandchild as prescribed by 

graph (c)2.(B), added "with the exception of a rules of the commission" in the first sentence 

parent or grandparent designating any con- and added the last two sentences. 

36-406. Resident fishing, hunting and trapping licenses — Fees. 

— (a) Adult Licenses — Combination — Fishing — Hunting — Trapping. A 
license of the first class may be had by a person possessing the qualifications 
therein described on payment of a fee as specified in section 36-416, Idaho 
Code, for a combined fishing and hunting license entitling the purchaser to 
hunt and fish for game animals, game birds, unprotected and predatory 
wildlife and fish of the state, a fee as specified in section 36-416, Idaho Code, 
for a fishing license entitling the purchaser to fish in the public waters of the 
state, a fee as specified in section 36-416, Idaho Code, for a hunting license 
entitling the purchaser to hunt game animals, game birds, unprotected and 
predatory wildlife of the state, and a fee as specified in section 36-416, Idaho 
Code, for a trapping license entitling the purchaser to trap wolves, 
furbearing animals and unprotected and predatory wildlife of the state. 

(b) Junior Licenses — Hunting — Trapping. A license of the second class 
may be had by a person possessing the qualifications therein described on 
payment of a fee as specified in section 36-416, Idaho Code, for a hunting 
license, and a fee as specified in section 36-416, Idaho Code, for a trapping 
license entitling the purchaser to the same privileges as the corresponding 
license of the first class provides. 

(c) Junior Combination — Fishing Licenses. A license of the third class 



9 LICENSES TO HUNT, FISH AND TRAP 36-406 

may be purchased by a person possessing the quaUfications therein de- 
scribed on pa3mient of a fee as specified in section 36-416, Idaho Code, for a 
combined fishing and hunting hcense, and a fee as specified in section 
36-416, Idaho Code, for a fishing license entithng the purchaser to the same 
privileges as the corresponding license of the first class provides. 

(d) Senior Resident Combination. A license of the fourth class may be had 
by a person possessing the qualifications therein described on payment of a 
fee as specified in section 36-416, Idaho Code, for a combined fishing and 
hunting license entitling the purchaser to the same privileges as the 
corresponding license of the first class provides. 

(e) Lifetime Licenses — Combination — Hunting — Fishing. A license of 
the fifth class may be obtained at no additional charge by a person 
possessing the qualifications therein described for a combined hunting and 
fishing license, for a hunting license, or for a fishing license, entitling the 
person to the same privileges as the corresponding license of the first class 
provides. Lifetime licensees must be certified under the provisions of section 
36-413, Idaho Code, before being issued a license to hunt. 

(f) A license of the eighth class may be had by a person possessing the 
qualifications therein described on payment of a fee as specified in section 
36-416, Idaho Code, entitling the purchaser to hunt and fish for game 
animals, game birds, fish, and unprotected and predatory wildlife of the 
state. With payment of the required fee, a person shall receive with this 
license a deer tag, an elk tag, a bear tag, a turkey tag, a mountain lion tag, 
a wolf tag, an archery hunt permit, a muzzleloader permit, a steelhead trout 
permit and an anadromous salmon permit. The director shall promptly 
transmit to the state treasurer all moneys received pursuant to this 
subsection for deposit as follows: 

(i) Four dollars ($4.00) in the fish and game set-aside account for the 

purposes of section 36-lll(l)(a), Idaho Code; 

(ii) Two dollars ($2.00) in the fish and game set-aside account for the 

purposes of section 36-lll(l)(b), Idaho Code; 

(iii) One dollar and fifty cents ($1.50) in the fish and game set-aside 

account for the purposes of section 36-lll(l)(c), Idaho Code; and 

(iv) The balance in the fish and game account. 

All persons purchasing a license pursuant to this subsection shall observe 
and shall be subject to all rules of the commission regarding the fish and 
wildlife of the state. 

If the purchaser of this license does not meet the archery education 
requirements of section 36-4 11(b), Idaho Code, then, notwithstanding the 
provisions of section 36-304, Idaho Code, the archery hunt permit portion of 
this license is invalid. The fee for this license will not change and the license 
must be issued without the archery permit validation. 

(g) Disabled Persons Licenses — Combination — Fishing. A license of the 
first class may be had by any resident disabled person on pa3niient of a fee 
as specified in section 36-416, Idaho Code, for a combined fishing and 
hunting license, and a fee as specified in section 36-416, Idaho Code, for a 
fishing license, entitling the purchaser to the same privileges as the 
corresponding license of the first class provides. A disabled person means a 



36-406 FISH AND GAME 10 

person who is deemed disabled by one (1) or more, but not necessarily all, of 
the following: the railroad retirement board pursuant to title 45 of the 
United States Code, or certified as eligible for federal supplemental security 
income (SSI); or social security disability income (SSDI); or a nonservice- 
connected veterans pension; or a service-connected veterans disability 
benefit with forty percent (40%) or more disability; or certified as perma- 
nently disabled by a physician. Once determination of permanent disability 
has been made with the department, the determination shall remain on file 
within the electronic filing system and the license holder shall not be 
required to present a physician's determination each year or prove their 
disability each year. 

(h) Military Furlough Licenses — Combination — Fishing. A license of 
the first class may be had by a resident person engaged in the military 
service of the United States, while on temporary furlough or leave, possess- 
ing the qualifications therein described on pajnnent of a fee as specified in 
section 36-416, Idaho Code, for a combined fishing and hunting license, and 
as specified in section 36-416, Idaho Code, for a fishing license. 

[(i)](j) Adult Licenses — Three Year — Combination — Fishing — 
Hunting. A license of the first class may be had by a person possessing the 
qualifications therein described on payment of three (3) times the fee as 
specified in section 36-416, Idaho Code, for a combined fishing and hunting 
license entitling the purchaser to hunt and fish for game animals, game 
birds, fish, unprotected and predatory wildlife of the state, three (3) times 
the fee as specified in section 36-416, Idaho Code, for a fishing license 
entitling the purchaser to fish in the public waters of the state, or three (3) 
times the fee as specified in section 36-416, Idaho Code, for a hunting license 
entitling the purchaser to hunt game animals, game birds, unprotected and 
predatory wildlife of the state. The expiration date for said licenses shall be 
December 31 of the third year following the date of issuance. 

[(j)](k) Junior Licenses — Three Year — Hunting. A license of the second 
class may be had by a person possessing the qualifications therein described 
on payment of three (3) times the fee as specified in section 36-416, Idaho 
Code, for a hunting license. The expiration date for said license shall be 
December 31 of the third year following the date of issuance. 

[(k)](Z) Junior Licenses — Three Year — Combination — Fishing Li- 
censes. A license of the third class may be purchased by a person possessing 
the qualifications therein described on pa3ni[ient of three (3) times the fee as 
specified in section 36-416, Idaho Code, for a combined fishing and hunting 
license and three (3) times the fee as specified in section 36-416, Idaho Code, 
for a fishing license entitling the purchaser to the same privileges as the 
corresponding license of the first class provides. The expiration date for said 
licenses shall be December 31 of the third year following the date of 
issuance. 

[(Z)](m) Senior Resident Combination License — Three Year. A license of 
the fourth class may be had by a person possessing the qualifications therein 
described on payment of three (3) times the fee as specified in section 
36-416, Idaho Code, for a combined fishing and hunting license entitling the 
purchaser to the same privileges as the corresponding license of the first 



11 LICENSES TO HUNT, FISH AND TRAP 36-407 

class provides. The expiration date for said license shall be December 31 of 
the third year following the date of issuance. 

[(m)](n) Disabled Persons Licenses — Three Year — Combination — 
Fishing. A license of the ninth class may be had by any resident disabled 
person possessing the qualifications therein described on payment of three 
(3) times the fee as specified in section 36-416, Idaho Code, for a combined 
fishing and hunting license, and a fee as specified in section 36-416, Idaho 
Code, for a fishing license entitling the purchaser to the same privileges as 
the corresponding license of the first class provides. The expiration date for 
said licenses shall be December 31 of the third year following the date of 
issuance. 

History. § 2, p. 984; am. 1998, ch. 357, § 3, p. 1116; 

I.e., § 36-406, as added by 1976, ch. 95, am. 1999, ch. 32, § 1, p. 63; am. 2000, ch. 211, 

§ 2, p. 315; am. 1980, ch. 339, § 2, p. 872; am. § 9, p. 538; am. 2001, ch. 158, § 1, p. 565; am. 

1981, ch. 98, § 1, p. 142; am. 1986, ch. 52, § 3, 2002, ch. 234, § 3, p. 684; am. 2006, ch. 168, 

p. 149; am. 1988, ch. 205, § 2, p. 385; am. § 1, p. 518; am. 2008, ch. 98, § 2, p. 266; am. 

1990, ch. 372, § 3, p. 1023; am. 1990, ch. 388, 2010, ch. 50, § 2, p. 94; am. 2012, ch. 201, § 1, 

§ 9, p. 1067; am. 1994, ch. 84, § 1, p. 198; am. p. 536; am. 2013, ch. 70, § 2, p. 169; am. 2013, 

1995, ch. 287, § 12, p. 951; am. 1998, ch. 298, ch. 71, § 1, p. 177. 

STATUTORY NOTES 

Amendments. former subsection (i), concerning youth small 

The 2012 amendment, by ch. 201, inserted game licenses, 

"a wolf tag", in the second sentence in the The 2013 amendment, by ch. 71, inserted 

introductory paragraph of subsection (f). "fish and game" in paragraphs (f)(i), (f)(ii), and 

This section was amended by two 2013 acts (f^^i") and added subsections [(i)](j) through 



which appear to be compatible and have been 



[(m)](n). 



compiled together. Compiler's Notes. 

The 2013 amendment, by ch. 70, substi- The words enclosed in parentheses so ap- 

tuted "predatory wildlife" for "predatory ani- peared in the law as enacted, 

mals" three times in subsection (a) and once The bracketed designations in subsections 

in the introductory paragraph in subsection [(i)] through [(m)] were added by the compiler 

(f); substituted "wolves, furbearing animals to account for the deletion of former subsec- 

and" for "furbearers" near the end of subsec- tion (i) by S.L. 2013, ch. 70, § 2 and the 

tion (a); inserted "fish and game" in para- addition of new subsections by S.L. 2013, ch. 

graphs (f)(i), (f)(ii), and (f)(iii); and deleted 71, § 1. 

36-407. Nonresident combination, fishing, hunting, and trapping 
licenses — Fees — Rights under. — Licenses of the sixth class shall be 
issued to nonresidents in the several kinds and for fees as follows: 

(a) Nonresident Hunting With Three Day Fishing License. A license 
issued only to a person twelve (12) years of age or older entitling said person 
to hunt game animals, game birds and unprotected and predatory wildlife 
and to purchase game tags as provided in section 36-409(b), Idaho Code, and 
to fish in the waters of the state for a period of three (3) consecutive days for 
any fish during an open season for those fish, excluding steelhead trout and 
anadromous salmon. Provided, that a license may be issued to qualified 
persons who are eleven (11) years of age to allow the application for a 
controlled hunt tag; however, said persons shall not hunt until they are 
twelve (12) years of age. A license of this kind may be had upon payment of 
a fee as specified in section 36-416, Idaho Code. 

(b) Nonresident Season Fishing License. A license entitling a person to 



36-407 FISH AND GAME 12 

fish in the pubHc waters of the state. A Hcense of this kind may be had upon 
payment of a fee as specified in section 36-416, Idaho Code. 

(c) Nonresident Trapping License. A Hcense entithng a person to trap 
wolves, fur-bearing, unprotected and predatory wildHfe. A Hcense of this 
kind may be had upon payment of a fee as specified in section 36-416, Idaho 
Code, providing the state of residence of said person grants similar trapping 
license privileges to residents of Idaho. 

(d) Nonresident Nongame License. A nonresident nongame license to 
hunt is a license entitling a person to hunt unprotected birds and animals 
and predatory wildlife of this state. A license of this kind may be had by a 
nonresident person who is twelve (12) years of age or older upon payment of 
a fee as specified in section 36-416, Idaho Code. 

(e) Nonresident Small Game Hunting License. A license issued only to a 
person twelve (12) years of age or older, entitling the person to hunt upland 
game birds (to include turkeys), migratory game birds, upland game 
animals, huntable fur-bearing animals, and unprotected and predatory 
wildlife of this state. A person holding this license shall purchase the 
appropriate required tags and permits, and may not hunt pheasants in an 
area during the first five (5) days of the pheasant season in that area. A 
license of this type may be had upon payment of a fee as specified in section 
36-416, Idaho Code. 

(f) Falconry Meet Permit. The director may issue a special permit for a 
regulated meet scheduled for a specific number of days upon payment of a 
fee as specified in section 36-416, Idaho Code. Only trained raptors may be 
used under the special permit issued under the provisions of this subsection. 

(g) Daily Fishing License — Resident May Purchase. A license entitling a 
person to fish in the waters of the state on a day-to-day basis. A license of 
this kind may be had by a resident or nonresident person (the provisions of 
section 36-405, Idaho Code, notwithstanding), upon payment of a fee as 
specified in section 36-416, Idaho Code, for the first effective day and a fee 
as specified in section 36-416, Idaho Code, for each consecutive day there- 
after. 

(h) Nonresident Three Day Fishing License with Steelhead or Salmon 
Permit. A license entitling a nonresident to fish in the waters of the state for 
a period of three (3) consecutive days for any fish, including steelhead trout 
or anadromous salmon during an open season for those fish may be had 
upon payment of a fee as specified in section 36-416, Idaho Code. The three 
(3) day license holder may fish for any species of fish, steelhead trout and 
anadromous salmon subject to the limitations prescribed in rules promul- 
gated by the commission. A nonresident may purchase as many of the 
licenses provided in this subsection as he desires provided that the nonres- 
ident is otherwise eligible to do so. 

(i) Nonresident Junior Fishing License. A license entitling a nonresident 
who is less than eighteen (18) years of age to fish in the waters of this state 
may be had upon payment of a fee as specified in section 36-416, Idaho Code. 

(j) Nonresident Combination Licenses. A license entitling the person to 
hunt and fish for game animals, game birds, fish and unprotected and 
predatory wildlife of the state and to purchase game tags as provided in 



13 LICENSES TO HUNT, FISH AND TRAP 36-407 

section 36-409(b), Idaho Code, may be had by a person twelve (12) years of 
age or older upon payment of a fee as specified in section 36-416, Idaho Code. 
A license may be issued to a qualified person who is eleven (11) years of age 
to allow the application for a controlled hunt tag; however, the person shall 
not hunt until he is twelve (12) years of age. 

(k) Nonresident Junior Mentored Hunting License. A license entitling a 
nonresident between ten (10) and seventeen (17) years of age, inclusive, to 
hunt big game animals, upland game birds (including turkeys), migratory 
game birds, upland game animals, huntable furbearing animals and unpro- 
tected and predatory wildlife of this state only when accompanied in the 
field by the holder of an adult Idaho hunting license. A person holding this 
license shall purchase the appropriate required tags as provided in section 
36-409(b), Idaho Code, and permits. Provided, that a license may be issued 
to qualified persons who are nine (9) years of age to allow the application for 
a controlled hunt turkey permit; however, said persons shall not hunt until 
they are ten (10) years of age. Persons with a nonresident junior mentored 
hunting license who are ten (10) or eleven (11) years of age shall not hunt big 
game animals. A license of this kind may be had upon payment of a fee as 
specified in section 36-416, Idaho Code. 

(/) Nonresident Disabled American Veteran. A license entitling a person 
to participate in a hunt in association with a qualified organization. 
"Qualified organization," as used in association with these licenses, shall be 
as defined in section 36-408(7), Idaho Code. 

[(m)](o) Nonresident Hunting License — Three Year. A license issued only 
to a person twelve (12) years of age or older entitling said person to hunt 
game birds, game animals, unprotected and predatory wildlife and to 
purchase game tags as provided in section 36-409(b), Idaho Code. Provided, 
that a license may be issued to qualified persons who are eleven (11) years 
of age to allow the application for a controlled hunt tag; however, said 
persons shall not hunt until they are twelve (12) years of age. A license of 
this kind may be had upon payment of three (3) times the fee as specified in 
section 36-416, Idaho Code. The expiration date for said license shall be 
December 31 of the third year following the date of issuance. 

[(n)](p) Nonresident Season Fishing License — Three Year. A license 
entitling a person to fish in the public waters of the state. A license of this 
kind may be had upon payment of three (3) times the fee as specified in 
section 36-416, Idaho Code, for a fishing license. The expiration date for said 
license shall be December 31 of the third year following the date of issuance. 

[(o)](q) Nonresident Combination Licenses — Three Year. A license enti- 
tling the person to hunt and fish for game animals, game birds, fish and 
unprotected and predatory wildlife of the state may be had by a person 
twelve (12) years of age or older upon payment of three (3) times the fee as 
specified in section 36-416, Idaho Code, for a combined hunting and fishing 
license. A license may be issued to a qualified person who is eleven (11) years 
of age to allow the application for a controlled hunt tag; however, the person 
shall not hunt until he is twelve (12) years of age. The expiration date for 
said license shall be December 31 of the third year following the date of 
issuance. 



36-408 FISH AND GAME 14 

[(p)](r) Nonresident Junior Mentored Hunting License — Three Year. A 
license entitling a nonresident between ten (10) and seventeen (17) years of 
age, inclusive, to hunt game animals, upland game birds (including tur- 
keys), migratory game birds, and unprotected and predatory wildlife of this 
state only when accompanied in the field by the holder of an adult Idaho 
hunting license. A person holding this license shall purchase the appropriate 
required tags as provided in section 36-409(b), Idaho Code, and permits. 
Provided, that a license may be issued to qualified persons who are nine (9) 
years of age to allow the application for a controlled hunt turkey permit; 
however, said persons shall not hunt until they are ten (10) years of age. A 
license of this kind may be had upon payment of three (3) times the fee as 
specified in section 36-416, Idaho Code, for a junior mentored hunting 
license. The expiration date for said license shall be December 31 of the 
third year following the date of issuance. 

History. 93; am. 1995, ch. 287, § 13, p. 951; am. 1996, 

I.e., § 36-407, as added by 1976, ch. 95, ch. 185, § 2, p. 582; am. 1998, ch. 47, § 1, p. 

§ 2, p. 315; am. 1980, ch. 339, § 3, p. 872; am. 194; am. 1998, ch. 213, § 1, p. 742; am. 1999, 

1981, ch. 98, § 2, p. 142; am. 1985, ch. 65, § 1, ch. 43, § 1, p. 103; am. 2000, ch. 211, § 11, p. 

p. 135; am. 1986, ch. 7, § 1, p. 46; am. 1986, 538; am. 2002, ch. 234, § 4, p. 684; am. 2008, 

ch. 16, § 1, p. 56; am. 1986, ch. 52, § 4, p. 149; ch. 59, § 1, p. 148; am. 2008, ch. 98, § 3, p. 

am. 1986, ch. 138, § 1, p. 373; am. 1986, ch. 268; am. 2010, ch. 50, § 3, p. 94; am. 2011, ch. 

244, § 1, p. 662; am. 1988, ch. 206, § 1, p. 88, § 2, p. 183; am. 2012, ch. 100, § 1, p. 264; 

387; am. 1990, ch. 372, § 4, p. 1023; am. 1990, am. 2013, ch. 70, § 3, p. 169; am. 2013, ch. 71, 

ch. 388, § 10, p. 1067; am. 1993, ch. 27, § 1, p. § 2, p. 177. 

STATUTORY NOTES 

Amendments. the section, deleting former subsections (/) 

The 2012 amendment, by ch. 100, in sub- and (m), relating to nonresident youth small 

section (a), inserted "With Three Day Fishing" game hcenses and youth hunter education 

in the paragraph heading and inserted "and graduate licenses. 

to fish in the waters ofthe state for a period of The 2013 amendment, by ch. 71, added 

three (3) consecutive days for any fish during subsections [(m)](o) through [(p)Kr). 

an open season for those fish, excluding Compiler's Notes. 

steelhead trout and anadromous salmon" at The bracketed designations in subsections 

the end of the first sentence. [(m)] through [(p)] were added by the compiler 

This section was amended by two 2013 acts to account for the deletion of former subsec- 

which appear to be compatible and have been tions (/) and (m) by S.L. 2013, ch. 70, § 3 and 

compiled together. the addition of new subsections by S.L. 2013, 

The 2013 amendment, by ch. 70, rewrote ch. 71, § 2. 

36-408. Commission's authority — Tags — Permits — Nonresi- 
dents limited — Outfitters set-aside. — (1) Tags and Permits — Method 
of Use. The commission is hereby authorized to prescribe the number and 
kind of wildHfe that may be taken under authority of the several t3^es of 
tags and permits provided for in this title, and the manner in which said 
tags and permits shall be used and validated. 

(2) Limit — Licenses, Tags or Permits — Controlled Hunts. The commis- 
sion is hereby authorized to establish a limit annually as to the number of 
each kind and class of licenses, tags, or permits to be sold or issued and is 
further authorized to limit the number or prohibit entirely, the participation 
by nonresidents in controlled hunts. 

(3) Outfitters Set- Aside. When the commission establishes a limit as to 



15 LICENSES TO HUNT, FISH AND TRAP 36-408 

the number of nonresident deer tags and nonresident elk tags, it shall set 
aside annually a maximum of twenty-five percent (25%) of the nonresident 
deer tag and nonresident elk tag limit. The set-aside tags shall be sold 
pursuant to commission rule, only to persons that have entered into an 
agreement for that year to utilize the services of an outfitter licensed 
pursuant to chapter 21, title 36, Idaho Code. 

In order for a person to purchase any set-aside nonresident deer tag or 
nonresident elk tag, that person's outfitter must submit an application with 
the proper fees as required by the director. If any nonresident deer tags or 
nonresident elk tags set aside pursuant to this subsection are unsold by July 
1 of the year in which they were set aside, they may be sold by the 
department to the general public who are nonresidents. The commission 
may promulgate all necessary rules to implement the provisions of this 
subsection. 

(4) Deer and Elk Tag Allocation. If the commission limits the number of 
deer or elk tags available for use in any game management area, unit or 
zone, the commission may allocate by rule a number of deer or elk tags for 
use by hunters that have entered into an agreement for that year to utilize 
the services of an outfitter licensed pursuant to chapter 21, title 36, Idaho 
Code. 

(5) Special Game Tags. The commission is hereby authorized to issue two 
(2) special bighorn sheep tags per year. 

(a) Auction bighorn sheep tag. One (1) special bighorn sheep tag shall be 
auctioned off by an incorporated nonprofit organization dedicated to 
wildlife conservation, selected by the commission. The tag shall be issued 
by the department offish and game to the highest eligible bidder. No more 
than five percent (5%) of all proceeds for the tag may be retained by the 
organization. The tag to be issued pursuant to this subsection shall be 
taken from the nonresident bighorn sheep tag quota. The net proceeds 
shall be forwarded to the director for deposit in the fish and game 
expendable trust account and shall be used for bighorn sheep research 
and management purposes. Moneys raised pursuant to this subsection 
may not be used to transplant additional bighorn sheep into that portion 
of southwest Idaho south of the Snake River and west of U.S. highway no. 
93, nor for litigation or environmental impact statements involving 
bighorn sheep. No transplants of bighorn sheep accomplished with 
moneys raised pursuant to this subsection shall occur in any area until 
hearings are conducted in the area. Provided however, that none of the 
proceeds generated from the auction of bighorn sheep tags pursuant to 
this paragraph be used to purchase or acquire private property or 
federally managed grazing permits, nor shall any proceeds generated be 
used for matching funds for the purchase of private property or the 
retirement or the acquisition of federally managed grazing permits. 

(b) Lottery bighorn sheep tag. The commission is also authorized to issue 
one (1) special bighorn sheep tag which will be disposed of by lottery. The 
lottery permit can be marketed by the department of fish and game or a 
nonprofit organization dedicated to wildlife conservation selected by the 
commission. The tag will be issued by the department of fish and game to 



36-408 FISH AND GAME 16 

an eligible person drawn from the lottery provided in this subsection. No 
more than twenty-five percent (25%) of gross revenue can be retained for 
administrative costs by the organization. All net proceeds for the tag 
disposed of by lottery pursuant to this subsection shall be remitted to the 
department and deposited in the fish and game expendable trust account. 
Moneys in the account from the lottery bighorn sheep tag shall be utilized 
by the department in solving problems between bighorn sheep and 
domestic sheep, solving problems between wildlife and domestic animals 
or improving relationships between sportsmen and private landowners. 

(6) Issuance of Free Permit or Tag to Minor Children with Life-Threat- 
ening Medical Conditions. Notwithstanding any other provision of law, the 
commission may issue free big game permits or tags to minor children who 
have life-threatening medical conditions that have been certified eligible by 
a qualified organization. The commission may prescribe by rule the manner 
and conditions of issuing and using the permits or tags authorized under 
this subsection (6). For purposes of this subsection (6) a "qualified organi- 
zation" means a nonprofit organization that is qualified under section 
501(c)(3) of the Internal Revenue Code and that affords opportunities and 
experiences to minor children with life-threatening medical conditions. 

(7) Issuance of Free Permit or Tag to Military Veterans with Disabilities. 
Notwithstanding any other provision of law, the commission may issue free 
big game permits or tags to disabled military veterans who have been 
certified eligible by a qualified organization. The commission may prescribe 
by rule the manner and conditions of issuing and using the permits or tags 
authorized under this subsection (7). For purposes of this subsection (7), a 
"qualified organization" means a governmental agency that assists veterans 
or a nonprofit organization that is qualified under section 501(c)(3) or 
section 501(c)(19), of the Internal Revenue Code and that affords opportu- 
nities, experiences and assistance to disabled veterans. 

(8) Special Wolf Tags. The commission is hereby authorized to issue up to 
ten (10) special auction or lottery tags for hunting wolves. Special wolf tags 
will be auctioned off or made available through lottery by incorporated 
nonprofit organizations dedicated to wildlife conservation and selected by 
the director. No more than five percent (5%) of all proceeds for each tag may 
be retained by the nonprofit organization for administrative costs involved. 
Each wolf tag shall be issued by the department of fish and game and 
awarded to the highest eligible bidder or winner of a lottery. Each tag will 
be good for the harvest of one (1) wolf pursuant to commission rule. The 
proceeds from each tag will be sent to the director to be placed in the 
department general license fund. 

(9) Special Big Game Auction Tags — Governor's Wildlife Partnership 
Tags. The commission is hereby authorized to issue special big game auction 
tags hereafter named and referred to as "Governor's wildlife partnership 
tags" for hunting designated species on dates and in areas designated by the 
commission. To enhance and sustain the value of Idaho's wildlife, up to three 
(3) tags per species per year may be issued for deer, elk and pronghom 
antelope, one (1) tag per year may be issued for moose, and one (1) tag per 
species per year may be issued for mountain goat and bighorn sheep. Each 



17 LICENSES TO HUNT, FISH AND TRAP 36-409 

tag will be signed by the governor of Idaho prior to auction to the public and 
be available to either residents or nonresidents of Idaho. Governor's wildlife 
partnership tags issued for deer, elk, pronghorn antelope and moose 
pursuant to this subsection shall be taken from the nonresident controlled 
hunt programs for these species adopted by the fish and game commission. 
Governor's wildlife partnership tags issued for mountain goat and bighorn 
sheep shall be taken from the nonresident mountain goat and bighorn sheep 
quota. Governor's wildlife partnership tags shall be auctioned off by 
incorporated nonprofit organizations dedicated to wildlife conservation and 
selected by the director. No more than five percent (5%) of all proceeds from 
each tag sale may be retained by the nonprofit organization for administra- 
tive costs involved, including in the event a tag is redonated and 
reauctioned. Each tag shall be issued by the department of fish and game 
and awarded to the highest eligible bidder. Each tag shall be good for the 
harvest of one (1) big game animal pursuant to commission rule consistent 
with the provisions of this subsection. The proceeds from each tag shall be 
sent to the director to be allocated up to thirty percent (30%) for sportsmen 
access programs, such as access yes, and the balance for wildlife habitat 
projects, wildlife management projects to increase the quantity and quality 
of big game herds, and other research and management activities approved 
by the commission. Provided however, that none of the proceeds generated 
from the auctions pursuant to the provisions of this subsection shall be used 
to purchase or acquire private property or federally managed grazing 
permits, nor shall any proceeds generated be used for matching funds for 
the purchase of private property or the retirement or the acquisition of 
federally managed grazing permits. Moneys raised pursuant to this subsec- 
tion may not be used to transplant additional bighorn sheep into that 
portion of southwest Idaho south of the Snake River and west of U.S. 
highway no. 93, nor for litigation or environmental impact statements 
involving bighorn sheep. 

History. 170, § 1, p. 582; am. 2006, ch. 169, § 2, p. 

I.e., § 36-408, as added by 1976, ch. 95, 520; am. 2007, ch. 73, § 1, p. 196; am. 2009, 

§ 2, p. 315; am. 1986, ch. 235, § 1, p. 646; am. ch. 117, § 2, p. 373; am. 2009, ch. 314, § 2, p. 

1987, ch. 322, § 1, p. 677; am. 1991, ch. 144, 913; am. 2012, ch. 101, § 1, p. 270; am. 2012, 

§ 1, p. 342; am. 1995, ch. 287, § 14, p. 951; ch. 254, § 1, p. 700. 
am. 1997, ch. 136, § 1, p. 404; am. 2001, ch. 

STATUTORY NOTES 

Amendments. Federal References. 

This section was amended by two 2012 acts Section 501(c)(3) of the Internal Revenue 

which appear to be compatible and have been Code, referred to in subsections (6) and (7), is 

compiled together. codified as 26 USCS § 501(c)(3). 

The 2012 amendment, by ch. 101, inserted Section 501(c)(19) of the Internal Revenue 

or section 501(c)(19) near the end of subsec- Code, referred to in subsection (7), is codified 

'"';^e'2012amendment,bych.254,addedthe - 26 U.S.C.S. § 501(0(19). 
last sentence in paragraph (5)(a) and added 
subsection (9). 

36-409. Game tags — Permits — Fees — Penalty. — (a) Resident 



36-409 FISH AND GAME 18 

Game Tags. A resident who has obtained authorization to hunt, as provided 
in section 36-401, Idaho Code, or has purchased or obtained a hcense to 
hunt, as provided in section 36-406, Idaho Code, upon payment of the fees 
provided herein shall be eligible to receive a resident game tag to hunt and 
kill a moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain 
lion, bear, wolf, sandhill crane or turkey in accordance with the laws of this 
state and rules promulgated by the commission; provided further, that any 
person who holds a senior resident combination license or any person who 
holds a junior combination or hunting license or any disabled American 
veteran who holds a disabled combination license, may be issued a bear, 
deer, elk, or turkey tag for a fee as specified in section 36-416, Idaho Code; 
provided further, that resident game tags may be issued only to those 
persons who meet residency requirements of subsection (s) of section 36-202, 
Idaho Code. In the event an emergency is declared to open a season to 
protect private property as provided in section 36-106(e)6.(B), Idaho Code, 
the affected landowner or his designee shall be eligible to receive a resident 
deer, elk or antelope tag without charge; provided further, that resident 
game tags may be issued only to persons who qualify as residents pursuant 
to section 36-202, Idaho Code. 

(b) Nonresident Game Tags. A nonresident who has purchased a license 
to hunt, as provided in section 36-407(a) or (k), Idaho Code, or has obtained 
a license to hunt, as provided in section 36-406(e), Idaho Code, or a resident 
who has purchased or obtained a license or authorization to hunt, as 
provided in section 36-401 or 36-406, Idaho Code, upon pajmient of the fees 
provided herein, shall be eligible to receive a nonresident tag to hunt and 
kill a moose, bighorn sheep, mountain goat, elk, deer, antelope, mountain 
lion, bear, wolf, sandhill crane or turkey in accordance with the laws of this 
state and rules promulgated by the commission; provided further that a 
nonresident who has purchased a license to hunt, as provided in section 
36-407(k), Idaho Code, shall be eligible to receive a junior mentored deer, 
elk, bear, or turkey tag for a fee as specified in section 36-416, Idaho Code. 

(c) Game Tags Required. The appropriate tag must be had for the hunting 
or taking of each and every one of the aforementioned wildlife. The 
commission shall promulgate rules to allow exception from tag possession to 
take wildlife for a disabled hunter companion who is assisting a hunter 
possessing the appropriate tag and a valid disabled combination license or 
a disabled archery permit or a disabled hunt motor vehicle permit or who is 
a disabled veteran participating in a hunt as provided in section 36-408(7), 
Idaho Code. Provided, however, that the requirements for a wolf tag, a 
mountain lion tag or a bear tag, as to different periods of time and areas of 
the state, shall be determined and specified by the commission. Provided 
further, that the commission may promulgate rules to allow a nonresident 
deer or elk tag to be used to hunt and kill either a bear, wolf or a mountain 
lion during the open season for deer or elk in that area, unit or zone as may 
be specified by the commission. All of said tags are to bear and have serial 
numbers. 

(d) Game Tag to Be Validated and Attached to Carcass. As soon as any 
person kills any wildlife for which a tag is required, said tag, belonging to 



19 LICENSES TO HUNT, FISH AND TRAP 36-409 

him, must be validated and attached to said wildhfe in a manner provided 
by commission rule. 

(e) Archery Permits. In addition to meeting the license and tag require- 
ments provided in this chapter, any person participating in any controlled or 
general game season which has been specifically designated as an archery 
hunt must have in his possession an archery hunt permit which may be 
purchased for a fee as specified in section 36-416, Idaho Code. 

(f) Muzzleloader Permit. In addition to meeting the license and tag 
requirements provided in this chapter, any person participating in any 
controlled or general game season which has been specifically designated as 
a muzzleloader hunt must have in his possession a muzzleloader permit 
which may be purchased for a fee as specified in section 36-416, Idaho Code. 

(g) Hound Hunter Permit — Resident — Nonresident. Any person using 
a dog for the purpose of hunting or for taking, as defined in section 36-202, 
Idaho Code, big game or furbearing animals must have in his possession a 
valid hound hunter permit which may be purchased by resident and 
nonresident license holders for a fee as specified in section 36-416, Idaho 
Code. 

(h) Nonresident Bird of Prey Capture Permit. The commission may, 
under rules as it may prescribe, issue a nonresident bird of prey capture 
permit. This capture permit may be purchased by any licensed, nonresident 
falconer for capturing birds of prey in Idaho. The fee for the permit shall be 
as specified in section 36-416, Idaho Code, and the permit shall be issued 
under the condition that the nonresident's home state allows reciprocal 
raptor capturing privileges for Idaho falconers. 

(i) Wildlife Management Area (WMA) Upland Game Bird Permit. The 
commission may, under rules as it may prescribe, issue a wildlife manage- 
ment area upland game bird permit that must be purchased by all persons 
over sixteen (16) years of age prior to hunting stocked upland game birds on 
state wildlife management areas designated by the commission. The fee for 
the permit shall be as specified in section 36-416, Idaho Code. 

(j) Bear Baiting Permit. The commission may, under rules as it may 
prescribe, issue a bear baiting permit. Any person placing or using bait as 
may be allowed by rule for the purpose of attracting bear must have in his 
possession a valid bear baiting permit which may be purchased by a license 
holder for a fee as specified in section 36-416, Idaho Code. 

(k) Migratory Bird Harvest Information Program Permit. The commis- 
sion may, as provided by federal laws or regulations and under rules as it 
may prescribe, issue a migratory bird harvest information program permit 
that must be purchased by all persons prior to hunting migratory game 
birds as required by federal law or regulations. The fee for the permit shall 
be as specified in section 36-416, Idaho Code. 

(Z) Dog Field Trial Permit. The commission may, under rules as it may 
prescribe, issue a dog field trial permit to any person using birds for dog field 
trials or training as may be allowed by rule. The permit may be purchased 
for a fee as specified in section 36-416, Idaho Code. 

(m) Idaho Nursing Home Facility Resident Fishing Permit. The commis- 
sion may, under rules as it may prescribe, issue an Idaho nursing home 



36-416 



FISH AND GAME 



20 



facility resident fishing permit that must be purchased by an Idaho nursing 
home facihty to allow residents of its facility to fish during the open season. 
Facilities eligible to purchase this permit are: intermediate care facilities 
providing twenty-four (24) hour skilled nursing care, assisted living facili- 
ties providing twenty-four (24) hour extensive assistance and skilled nurs- 
ing facilities providing twenty-four (24) hour skilled nursing. By purchasing 
this permit the facility assumes full responsibility for and control over the 
facility residents while using the permit. All laws, rules and proclamations 
apply to the use of this permit and it is the responsibility of the facility to 
assure compliance with all laws, rules and proclamations. In case of a 
violation the facility shall be held accountable and any citations shall be 
issued to the facility. The permit may be purchased for a fee as specified in 
section 36-416, Idaho Code. 

(n) Disabled American Veteran Game Tags. Any nonresident disabled 
American veteran participating in a hunt in association with a qualified 
organization may be issued a bear, deer, elk or turkey tag for a fee as 
specified in section 36-416, Idaho Code. "Qualified organization," as used in 
association with these tags, shall be as defined in section 36-408(7), Idaho 
Code. 



History. 

I.e., § 36-409, as added by 1976, ch. 95 
§ 2,p.315;am. 1978, ch. 171, § 1, p. 391; am 
1980, ch. 339, § 4, p. 872; am. 1981, ch. 98 
§ 3, p. 142; am. 1982, ch. 230, § 1, p. 606; am 
1984, ch. 197, § 2, p. 484; am. 1986, ch. 7, § 2 
p. 46; am. 1986, ch. 52, § 5, p. 149; am. 1987 
ch. 253, § 1, p. 515; am. 1988, ch. 209, § 1, p 
391; am. 1990, ch. 6, § 1, p. 11; am. 1990, ch 
372, § 5, p. 1023; am. 1991, ch. 290, § 1, p 
749; am. 1992, ch. 81, § 7, p. 222; am. 1993 
ch. 27, § 2, p. 93; am. 1994, ch. 118, § 1, p 



267; am. 1995, ch. 176, § 1, p. 658; am. 1997 
ch. 203, § 1, p. 577; am. 1998, ch. 175, § 4, p 
615; am. 1998, ch. 298, § 3, p. 984; am. 1998 
ch. 357, § 4, p. 1116; am. 1999, ch. 55, § 1, p 
141; am. 2000, ch. 211, § 12, p. 538; am. 2001 
ch. 139, § 1, p. 500; am. 2001, ch. 171, § 1, p 
586; am. 2001, ch. 206, § 1, p. 699; am. 2002 
ch. 234, § 5, p. 684; am. 2007, ch. 35, § 1, p 
81; am. 2007, ch. 73, § 2, p. 196; am. 2010, ch 
102, § 1, p. 198; am. 2011, ch. 88, § 3, p. 183 
am. 2011, ch. 109, § 3, p. 280; am. 2012, ch 
102, § 1, p. 272. 



STATUTORY NOTES 



Amendments. 

The 2012 amendment, by ch. 102, inserted 
the second sentence in subsection (c). 



36-416. Schedule of license fees. — 

(a) Sport Licenses 
License 

Combination License 
Hunting License 

Hunting License with 3 Day Fishing License 
Fishing License 

Sr. Combination License (65 and Older) 
Sportsman's Pak License 
Jr. Combination License 
Jr. Hunting License 
Jr. Mentored Hunting License 
Jr. Fishing License 



Resident Non-Resident 



$ 



31.75 

11.00 

N/A 

24.00 

10.00 

114.65 

15.75 

5.50 

N/A 

12.00 



$ 238.25 

N/A 

153.00 

96.50 

N/A 
N/A 
N/A 
N/A 
30.00 
20.00 



3.25 


N/A 


3.25 


N/A 


N/A 


3.25 


15.75 


N/A 


15.75 


N/A 


N/A 


96.00 


N/A 


33.75 


9.75 


11.00 


5.00 


6.00 


N/A 


35.75 


N/A 


33.75 



21 LICENSES TO HUNT, FISH AND TRAP 36-416 

Disabled Combination License 

Disabled Fishing License 

Disabled Hunting License 

Military Furlough Combination License 

Military Furlough Fishing License 

Small Game Hunting License 

3 Day Small Game Hunting License 

Daily Fishing (Ist-day) License 

Consecutive Day Fishing License 

3 Day Fishing with Salmon/Steelhead Permit 

Nongame Hunting License 
For purposes of this subsection, disabled hunting licenses provided to 
nonresidents shall be limited to nonresident disabled American veterans 
participating in a hunt in association with a qualified organization. "Qual- 
ified organization," as used in association with these licenses, shall be as 
defined in section 36-408(7), Idaho Code, 
(b) Sport Tags 

Deer Tag 

Controlled Hunt Deer Tag 

Jr. or Sr. or Disabled American Veteran 
Deer Tag 

Jr. Mentored Deer Tag 

Elk A Tag 

Elk B Tag 

Controlled Hunt Elk Tag 

Jr. or Sr. or Disabled American Veteran 
Elk Tag 

Jr. Mentored Elk Tag 

Bear Tag 

Jr. or Sr. or Disabled American Veteran 
Bear Tag 

Jr. Mentored Bear Tag 

Turkey Tag 

Jr. or Sr. or Disabled American Veteran 
Turkey Tag 

Jr. Mentored Turkey Tag 

Mountain Lion Tag 

Gray Wolf Tag 

Antelope Tag 

Moose Tag 

Sheep Tag 

Goat Tag 

Sandhill Crane Tag 
For purposes of this subsection, Jr. or Sr. or disabled American veteran tags 
provided to nonresidents shall be limited to nonresident disabled American 
veterans participating in a hunt in association with a qualified organization. 
"Qualified organization," as used in association with these tags, shall be as 
defined in section 36-408(7), Idaho Code. 



18.00 


$ 300.00 


18.00 


300.00 


9.00 


9.00 


N/A 


22.00 


29.00 


415.00 


29.00 


415.00 


29.00 


415.00 


14.75 


14.75 


N/A 


38.00 


9.75 


184.25 


5.00 


5.00 


N/A 


22.00 


18.00 


78.25 


9.00 


9.00 


N/A 


18.00 


9.75 


184.25 


9.75 


184.25 


29.50 


310.00 


165.00 


2,100.00 


165.00 


2,100.00 


165.00 


2,100.00 


18.00 


65.75 



36-416 FISH AND GAME 22 

(c) Sport Permits 
Bear Baiting Permit 
Hound Hunter Permit 
WMA Upland Game Bird Permit 
Archery Permit 
Muzzleloader Permit 
Salmon Permit 
Steelhead Permit 

Federal Migratory Bird Harvest Info. Permit 
Disabled Archery Permit 
2-Pole Fishing Permit 
Turkey Controlled Hunt Permit 
Sage/Sharptail Grouse Permit 
Disabled Hunt Motor Vehicle Permit 

(d) Commercial Licenses and Permits 
Raptor Captive Breeding Permit 
Falconry Permit 
Falconry Capture Permit 
Jr. Trapping License 
Trapping License 
Taxidermist-Fur Buyer License 

5 year license 

1 year license 
Shooting Preserve Permit 
Commercial Wildlife Farm License 
Commercial Fishing License 
Wholesale Steelhead License 
Retail Steelhead Trout Buyer's License 

(e) Commercial Tags 
Bobcat Tag 
Otter Tag 
Net Tag 
Crayfish/Minnow Tag 

(f) Miscellaneous-Other Licenses 
Duplicate License 
Shooting Preserve License 
Captive Wolf License 

(g) Miscellaneous-Other Tags 

Duplicate Tag 

Wild Bird Shooting Preserve Tag 
(h) Miscellaneous-Other Permits-Points-Fees 
Falconry In-State Transfer Permit 
Falconry Meet Permit 
Rehab Permit 

Educational Fishing Permit 
Live Fish Importation Permit 
Sport Dog and Falconry Training Permit 
Wildlife Transport Permit 



11.00 


$ 30.00 


11.00 


168.00 


22.00 


50.00 


16.50 


18.25 


16.50 


18.25 


11.00 


24.00 


11.00 


24.00 


0.00 


3.00 


0.00 


0.00 


12.00 


13.75 


6.00 


6.00 


3.00 


3.00 


0.00 


0.00 


65.75 


$ 78.75 


27.25 


N/A 


N/A 


168.00 


5.50 


N/A 


25.00 


300.00 


175.00 


N/A 


38.25 


168.25 


329.75 


N/A 


137.50 


N/A 


110.00 


265.00 


165.00 


198.25 


33.00 


39.25 


3.00 


$ 3.00 


3.00 


3.00 


55.00 


65.75 


1.25 


3.00 


5.50 


$ 6.50 


11.00 


22.00 


22.00 


N/A 


5.50 


$ 6.50 


5.50 


6.50 


5.50 


$ N/A 


N/A 


26.25 


3.00 


3.00 


0.00 


0.00 


3.00 


3.00 


3.00 


3.00 


3.00 


3.00 



50.00 


50.00 


21.75 


26.25 


21.75 


26.25 


11.00 


13.25 


11.00 


13.25 


21.75 


26.25 


21.75 


25.00 


33.00 


40.00 


21.75 


26.25 


4.50 


13.00 


4.50 


4.50 


33.00 


N/A 



23 COMMERCIAL TRAFFIC 36-606 

Scientific Collection Permit 

Private Park Permit 

Wildlife Import Permit 

Wildlife Export Permit 

Wildlife Release Permit 

Captive Wildlife Permit 

Fishing Tournament Permit 

Dog Field Trial Permit 

Live Fish Transport Permit 

Controlled Hunt Application Fee 

Fee for Application for the Purchase 

of Controlled Hunt Bonus or 

Preference Points 
Nursing Home Fishing Permit 

History. ch. 35, § 2, p. 81; am. 2007, ch. 73, § 3, p. 196; 

I.e., § 36-416, as added by 2000, ch. 211, am. 2009, ch. 201, § 2, p. 643; am. 2010, ch. 

§ 15, p. 538; am. 2001, ch. 125, § 1, p. 444; 94, § 1, p. 179; am. 2011, ch. 88, § 4, p. 183; 

am. 2001, ch. 206, § 2, p. 699; am. 2002, ch. am. 2012, ch. 100, § 2, p. 264; am. 2012, ch. 

234, § 8, p. 684; am. 2004, ch. 236, § 1, p. 201, § 2, p. 536; am. 2013, ch. 70, § 4, p. 169. 
698; am. 2005, ch. 379, § 3, p. 1234; am. 2007, 

STATUTORY NOTES 

Amendments. The 2013 amendment, by ch. 70, in subsec- 

This section was amended by two 2012 acts tion (a), deleted "Youth Small Game License" 

which appear to be compatible and have been and 'Touth Hunter Education Graduate 

compiled together. Hunting License" and their fees, changed the 

The 2012 amendment, by ch. 100, in sub- non-resident Disabled Combination License 

section (a), substituted "N/A" for "153.00" for fee from "3.25" to "N/A", inserted "Disabled 

non-resident hunting hcense and inserted Hunting License" and its fees, and substi- 

"Hunting License with 3 Day Fishing Li- tuted "disabled hunting licenses" for "disabled 

cense" and its fee schedule. combination licenses" in the last sentence. 

The 2012 amendment, by ch. 201, substi- 
tuted "114.65" for "108.50" for the resident 
Sportsman's Pak License in subsection (a). 

CHAPTER 6 

COMMERCIAL TRAFFIC IN SKINS, HIDES, AND 
PELTS OF WILDLIFE 

SECTION. 

36-606. Confiscation of wildlife — Proof of 
ownership required. 

36-606. Confiscation of wildlife — Proof of ownership required. 

— (1) The director is hereby authorized to seize and confiscate any wildhfe 
or the skins, hides, pelts, horns or antlers or other portions thereof in the 
possession of any fur buyer or taxidermist, licensed or unlicensed, unless the 
person having same is able to produce satisfactory record of lawful origin 
and proof of ownership. 
(2) Compliance with record requirements as provided in section 36-603, 



36-1401 FISH AND GAME 24 

Idaho Code, shall constitute satisfactory record of lawful origin and proof of 
ownership requirements as provided in subsection (1) of this section. 

History. 

I.e., § 36-606, as added by 1976, ch. 95, 
§ 2, p. 315; am. 2011, ch. 252, § 2, p. 695. 

STATUTORY NOTES 

Compiler's Notes. 

This section is set out to correct an error in 
subsection (1) in the bound volume. 

CHAPTER 14 
GENERAL PENAL PROVISIONS 

SECTION. 

36-1401. Violations. 

36-1401. Violations. — (a) Infractions. Any person who pleads guilty 
to or is found guilty of a violation of the following provisions of the fish and 
game code or the following rules or proclamations promulgated pursuant 
thereto is guilty of an infraction: 

1. Statutes. 

(A) Take, transport, use or have in possession bait fish as set forth in 
section 36-902(d), Idaho Code. 

(B) Chumming as set forth in section 36-902(e), Idaho Code. 

(C) Nonresident child under the age of fourteen (14) years fishing 
without a valid license and not accompanied by a valid license holder as 
set forth in section 36-401(a)2., Idaho Code. 

(D) Use or cut a hole larger than ten (10) inches in the ice for ice fishing 
as set forth in section 36- 1509(a), Idaho Code. 

(E) Store fish without required tags/permits/statements as set forth in 
section 36-503, Idaho Code. 

(F) Own, possess or harbor any dog found running loose and which is 
tracking, pursuing, harassing or attacking a big game animal as set 
forth in section 36-1101(b)7.(B), Idaho Code. 

(G) Hunt migratory waterfowl without having in possession a signed 
federal migratory bird hunting stamp as set forth in section 36- 
1102(b)2., Idaho Code. 

(H) Hunt migratory game birds without having in possession a license 

validated for the federal migratory bird harvest information program 

permit as set forth in section 36-409(k), Idaho Code. 

(I) Trap in or on, destroy or damage any muskrat house as provided in 

section 36-1103(c), Idaho Code. 

(J) Hunt migratory game birds with a shotgun capable of holding more 

than three (3) shells as provided and incorporated in section 36-1102(b), 

Idaho Code. 

2. Rules or Proclamations. 



25 GENERAL PENAL PROVISIONS 36-1401 

(A) Fish from a raft or boat with motor attached in waters where 
motors are prohibited. 

(B) Fish with hooks larger than allowed in that water. 

(C) Fish with barbed hooks in waters where prohibited. 

(D) Exceed any established bag limit for fish by one (1) fish, except bag 
limits for anadromous fish, landlocked chinook salmon, kamloops 
rainbow trout, lake trout, or bull trout. 

(E) Fish with more than the approved number of lines or hooks. 

(F) Fail to leave head and/or tail on fish while fish are in possession or 
being transported. 

(G) Snag or hook fish other than in the head and fail to release, 
excluding anadromous fish. 

(H) Fail to attend fishing line and keep it under surveillance at all 

times. 

(I) Fail to comply with mandatory check and report requirements. 

(J) Fail to leave evidence of sex or species attached as required on game 

birds. 

(K) Hunt or take migratory game birds or upland game birds with shot 

exceeding the allowable size. 

(L) Fail to release, report or turn in nontarget trapped animals. 

(M) Fail to complete required report on trapped furbearer. 

(N) Fail to present required furbearer animal parts for inspection. 

(O) Fail to attach identification tags to traps. 

(P) Possess not more than one (1) undersized bass. 

(Q) Park or camp in a restricted area, except length of stay violations. 

(R) Fail to leave evidence of sex attached as required on game animals. 

(b) Misdemeanors. Any person who pleads guilty to, is found guilty or is 
convicted of a violation of the provisions of this title or rules or proclama- 
tions promulgated pursuant thereto, or orders of the commission, except 
where an offense is expressly declared to be an infraction or felony, shall be 
guilty of a misdemeanor. 

(c) Felonies. Any person who pleads guilty to, is found guilty or is 
convicted of a violation of the following offenses shall be guilty of a felony: 

1. Knowingly and intentionally selling or offering for sale or exchange, or 
purchasing or offering to purchase or exchange, any wildlife, or parts 
thereof, which has been unlawfully killed, taken or possessed. 

2. Releasing into the wild, without a permit from the director, any of the 
following wildlife, whether native or exotic: ungulates, bears, wolves, 
large felines, swine, or peccaries. 

3. Unlawfully killing, possessing or wasting of any combination of num- 
bers or species of wildlife within a twelve (12) month period which has a 
single or combined reimbursable damage assessment of more than one 
thousand dollars ($1,000), as provided in section 36-1404, Idaho Code. 

4. Conviction within ten (10) years of three (3) or more violations of the 
provisions of this title, penalties for which include either or both a 
mandatory license revocation or a reimbursable damage assessment. 



36-1508 FISH AND GAME 26 

History. 1997, ch. 270, § 1, p. 781; am. 1997, ch. 347, 

I.e., § 36-1401, as added by 1976, ch. 95, § 1, p. 1032; am. 1998, ch. 58, § 1, p. 214; am. 

§ 2, p. 315; am. 1991, ch. 44, § 2, p. 83; am. 1998, ch. 170, § 12, p. 567; am. 1999, ch. 32, 

1991, ch. 130, § 1, p. 285; am. 1992, ch. 172, § 3, p. 63; am. 2000, ch. 211, § 31, p. 538; am. 

§ 1, p. 536; am. 1994, ch. 94, § 2, p. 213; am. 2012, ch. 107, § 2, p. 284. 

STATUTORY NOTES 

Amendments. tuted "36-1101(b)7.(Br for "36-1101(b)6.(Br 

The 2012 amendment, by ch. 107, substi- in paragraph l.(F). 

CHAPTER 15 
PUBLIC SAFETY 

SECTION. Children in possession of fire- 

36-1508. Shooting from pubHc highway — arms. 

36-1508. Shooting from public highway — Children in possession 
of firearms. — No person shall: 

(a) Shoot from Public Highway. Discharge any firearm from or across a 
public highway. 

(b) Children with Firearms. No person under the age of ten (10) years 
shall have in his possession any shotgun, rifle or other firearm while in the 
fields or forests or in any tent, camp, auto or any other vehicle in the state 
of Idaho, except that the holder of a valid hunting license or a participant in 
a mentored hunting program as prescribed by rules of the commission, if 
accompanied by an adult licensed to hunt in the state of Idaho, may possess 
a firearm for hunting while in the fields or forests. 

History. 2002, ch. 234, § 9, p. 684; am. 2012, ch. 104, 

I.e., § 36-1508, as added by 1976, ch. 95, § 1, p. 280. 
§ 2, p. 315; am. 1992, ch. 81, § 34, p. 222; am. 

STATUTORY NOTES 

Amendments. ing license or a participant in a mentored 

The 2012 amendment, by ch. 104, in sub- hunting program as prescribed by rules of the 

section (b). substituted "age of ten ( 10) years" commission" for "holder of a youth small game 

for "age of twelve (12) years" near the begin- license or youth hunter education graduate 

ning and substituted "holder of a valid hunt- license" near the end. 

CHAPTER 16 

RECREATIONAL TRESPASS — LANDHOLDER 
LIABILITY LIMITED 

SECTION. in violation of warning signs 

36-1603. Trespassing on cultivated lands or — Posting of public lands. 

36-1603. Trespassing on cultivated lands or in violation of warn- 
ing signs — Posting of public lands. — (a) No person shall enter the real 
property of another and shoot any weapon or enter such property for the 
purposes of hunting, retrieving wildlife, fishing or trapping, without the 



27 RECREATIONAL TRESPASS 36-1604 

permission of the owner or person in charge of the property, which property 
is either cultivated or posted with legible "No Trespassing" signs, is posted 
with a minimum of one hundred (100) square inches of fluorescent orange, 
bright orange, blaze orange, safety orange or any similar high visibility 
shade of orange colored paint except that when metal fence posts are used, 
a minimum of eighteen (18) inches of the top of the post must be painted a 
high visibility shade of orange, or other notices of like meaning, placed in a 
conspicuous manner on or near all boundaries at intervals of not less than 
one (1) sign, paint area or notice per six hundred sixty (660) feet provided 
that where the geographical configuration of the real property is such that 
entry can reasonably be made only at certain points of access, such property 
is posted sufficiently for all purposes of this subsection if said signs, paint 
areas or notices are posted at such points of access. For the purposes of this 
section, "cultivated" shall mean soil that is being or has been prepared by 
loosening or breaking up for the raising of crops, or used for the raising of 
crops, or artificially irrigated pasturage. No person shall fail to depart 
immediately from the real property of another after being notified in writing 
or orally by the owner of the real property or the owner's authorized agent, 
(b) No person shall post, sign, or indicate that any public lands within 
this state, not held under an exclusive control lease, are privately owned 
lands. 

History. 1992, ch. 283, § 2, p. 874; am. 1998, ch. 251, 

I.e., § 36-1603, as added by 1976, ch. 95, § 2, p. 818; am. 2005, ch. 112, § 1, p. 363; am. 
§ 2, p. 315; am. 1987, ch. 116, § 2, p. 229; am. 2013, ch. 150, § 2, p. 347. 

STATUTORY NOTES 

Amendments. substituted "a minimum of eighteen (18) 

The 2013 amendment, by ch. 150, in sub- inches of the top of the post must be painted a 

section (a), inserted "bright orange, blaze or- high visibihty shade of orange" for "the entire 

ange, safety orange or any similar high visi- post must be painted fluorescent orange" near 

bility shade of orange colored" and the middle of the first sentence. 

36-1604. Limitation of liability of landowner. 

JUDICIAL DECISIONS 

Analysis 

Gratuitous permission. 
Owner. 

Gratuitous Permission. United States was an owner within the 

The snowmobile registration fee required meaning of this section, where a snowmobile 

under Idaho law (§ 67-7103) is not a "charge" operator was injured on a snowmobile trail 

for purposes of this section. Albertson v. Fre- that was on national forest land. Albertson v. 

mont County 834 F. Supp. 2d 1117 (D. Idaho Fremont County 834 F Supp. 2d 1117 (D. 



2011) 



Idaho 2011). 



Owner. County was not a owner for purposes of this 

To be an owner within the meaning of this section, where its cost-share agreement with 

section, a person or entity must have the the federal government, as to its interest in 

authority to exclude the public from the prem- maintaining groomed snowmobile trail sys- 

ises. Albertson v. Fremont County, 834 F. terns on the national forest, did not entitle the 

Supp. 2d 1117 (D. Idaho 2011). county to grant admittance or deny access to 



36-1604 FISH AND GAME 28 

use of the snowmobile trails, Albertson v. 
Fremont County, 834 F Supp. 2d 1117 (D. 
Idaho 2011). 



TITLE 37 
FOOD, DRUGS, AND OIL 

CHAPTER. CHAPTER. 

27. Uniform Controlled Substances, §§ 37- 32. Legend Drug Code Imprint, § 37-3201. 

2705, 37-2709, 37-2711, 37-2713, 37- 33. Retail Sales of Pseudoephedrine Products, 
2726, 37-2730A. §§ 37-3303, 37-3303A. 

CHAPTER 27 
UNIFORM CONTROLLED SUBSTANCES 

Article II Article III 

section. 

37-2705. Schedule I. frf oSo^- T?^^' ■ ^- r» . u 

37-2709. Schedule III. ^7-2726. Filing prescnptions - Database. 

37-2711. Schedule IV. 37-2730A. Prescription tracking program. 

37-2713. Schedule V. 

Article II 

37-2705. Schedule I. — (a) The controlled substances listed in this 
section are included in schedule I. 

(b) Any of the following opiates, including their isomers, esters, ethers, 
salts, and salts of isomers, esters, and ethers, unless specifically excepted, 
whenever the existence of these isomers, esters, ethers and salts is possible 
within the specific chemical designation: 

(1) Acetyl-alpha-methylfentanyl (N-[l-(l-methyl-2-phenethyl)-4- 
piperidinyl] -N-phenylacetamide); 

(2) Acetylmethadol; 

(3) Allylprodine; 

(4) Alphacetylmethadol (except levo-alphacetylmethadol also known as 
levo-alpha-acetylmethadol, levomethadyl acetate or LAAM); 

(5) Alphameprodine; 

(6) Alphamethadol; 

(7) Alpha-methylfentanyl; 

(8) Alpha-methylthiofentanyl (N- [l-methyl~2-(2-thienyl)ethyl-4- 
piperidinyl]-N-phenylpropanamide); 

(9) Benzethidine; 

(10) Betacetylmethadol; 

(11) Beta-hydroxyfentanyl (N-[l-(2-hydroxy-2-phenethyl)-4- piperidinyl]- 
N-phenylpropanamide); 

(12) Beta-hydroxy-3-methylfentanyl (N-( l-(2-hydroxy-2-phenethyl)-3- 
methyl-4-piperidinyl)-N-phenylpropanamide); 

(13) Betameprodine; 

(14) Betamethadol; 

(15) Betaprodine; 

(16) Clonitazene; 

29 



37-2705 FOOD, DRUGS, AND OIL 30 

(17) Dextromoramide; 

(18) Diampromide; 

(19) Diethylthiambutene; 

(20) Difenoxin; 

(21) Dimenoxadol; 

(22) Dimepheptanol; 

(23) Dimethylthiambutene; 

(24) Dioxaphetyl butyrate; 

(25) Dipipanone; 

(26) Ethylmethylthiambutene; 

(27) Etonitazene; 

(28) Etoxeridine; 

(29) Furethidine; 

(30) Hydroxypethidine; 

(31) Ketobemidone; 

(32) Levomor amide; 

(33) Levophenacylmorphan; 

(34) 3-Methylfentanyl; 

(35) 3-methylthiofentanyl (N4(3-methyl-l-(2-thienyl)ethyl-4- 
piperidinyl]-N-phenylpropanamide); 

(36) Morpheridine; 

(37) MPPP (l-methyl-4-phenyl-4-propionoxypiperidine); 

(38) Noracymethadol; 

(39) Norlevorphanol; 

(40) Normethadone; 

(41) Norpipanone; 

(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N- [l-(2-phenethyl)-4- 
piperidinyl] propanamide); 

(43) PEPAP (l-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine); 

(44) Phenadoxone; 

(45) Phenampromide; 

(46) Phenomorphan; 

(47) Phenoperidine; 

(48) Piritramide; 

(49) Proheptazine; 

(50) Properidine; 

(51) Propiram; 

(52) Racemoramide; 

(53) Thiofentanyl (N-phenyl-N-[l-(2-thienyl)ethyl-4-piperidinyl]- 
propanamide); 

(54) Tilidine; 

(55) Trimeperidine. 

(c) Any of the following opium derivatives, their salts, isomers and salts 
of isomers, unless specifically excepted, whenever the existence of these 
salts, isomers and salts of isomers is possible within the specific chemical 
designation: 

(1) Acetorphine; 

(2) Acetyldihydrocodeine; 



31 UNIFORM CONTROLLED SUBSTANCES 37-2705 

(3) Benzylmorphine; 

(4) Codeine methylbromide; 

(5) Codeine-N-Oxide; 

(6) Cyprenorphine; 

(7) Desomorphine; 

(8) Dihydromorphine; 

(9) Drotebanol; 

(10) Etorphine (except hydrochloride salt); 

(11) Heroin; 

(12) Hydromorphinol; 

(13) Methyldesorphine; 

( 14 ) Methyldihydromorphine ; 

(15) Morphine methylbromide; 

(16) Morphine methylsulfonate; 

(17) Morphine-N-Oxide; 

(18) Myrophine; 

(19) Nicocodeine; 

(20) Nicomorphine; 

(21) Normorphine; 

(22) Pholcodine; 

(23) Thebacon. 

(d) Hallucinogenic substances. Any material, compound, mixture or prep- 
aration which contains any quantity of the following hallucinogenic sub- 
stances, their salts, isomers and salts of isomers, unless specifically ex- 
cepted, whenever the existence of these salts, isomers, and salts of isomers 
is possible within the specific chemical designation (for purposes of this 
paragraph only, the term "isomer" includes the optical, position and geo- 
metric isomers): 

(1) 4-bromo-2,5-dimethoxy amphetamine; 

(2) 2,5-dimethoxyamphetamine; 

(3) 4-bromo-2,5-dimethox)rphenethylamine (some other names: alpha- 
desmethyl DOB, 2C-B); 

(4) 2,5-dimethoxy-4-ethylamphetamine (another name: DOET); 

(5) 2,5-dimethoxy-4-(n)-propylthiophenethylamine; 

(6) 4-methoxyamphetamine (PMA); 

(7) 5-methoxy-3,4-methylenedioxy-amphetamine; 

(8) 5-methoxy-N,N-diisopropyltryptamine; 

(9) 4-methyl-2,5-dimethoxy-amphetamine (DOM, STP); 

(10) 3,4-methylenedioxy amphetamine; 

(11) 3,4-methylenedioxymethamphetamine (MDMA); 

(12) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl- 
alpha-methyl-3,4 (methylenedioxy) phenethylamine, and N-ethyl MDA, 
MDE, MDEA); 

(13) N-hydroxy-3,4-methylenedioxyamphetamine (also known as 
N-hydroxy-alpha-methyl-3,4(methylenedioxy) phenethylamine, and 
N-hydroxy MDA); 

(14) 3,4,5-trimethoxy amphetamine; 

(15) 5-methoxy-N,N-dimethyltryptamine (also know^n as 5-methoxy-3- 
2 [2-(dimethylamino)ethyl] indole and 5-MeO-DMT); 



37-2705 FOOD, DRUGS, AND OIL 32 

(16) Alpha-ethyltryptamine (some other names: etryptamine, 3-(2- 
aminobutyl) indole); 

(17) Alpha-methyltryptamine; 

(18) Bufotenine; 

(19) Diethyltryptamine (DET); 

(20) Dimethyltryptamine (DMT); 

(21) Ibogaine; 

(22) Lysergic acid diethylamide; 

(23) Marihuana; 

(24) Mescaline; 

(25) Parahexyl; 

(26) Peyote; 

(27) N-ethyl-3-piperidyl benzilate; 

(28) N-methyl-3-piperidyl benzilate; 

(29) Psilocybin; 

(30) Psilocyn; 

(31) Tetrahydrocannabinols or synthetic equivalents of the substances 
contained in the plant, or in the resinous extractives of Cannabis, sp. 
and/or synthetic substances, derivatives, and their isomers with similar 
chemical structure such as the following: 

i. Tetrahydrocannabinols: 

a. A^ cis or trans tetrahydrocannabinol, and their optical isomers, 
excluding dronabinol in sesame oil and encapsulated in a soft gelatin 
capsule in a drug product approved by the U.S. Food and Drug 
Administration. 

b. A^ cis or trans tetrahydrocannabinol, and their optical isomers. 

c. A^'^ cis or trans tetrahydrocannabinol, and its optical isomers. (Since 
nomenclature of these substances is not internationally standardized, 
compounds of these structures, regardless of numerical designation of 
atomic positions are covered.) 

d. [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)- 
6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol)], also known as 
6aR-trans-3-(l,l-dimethylheptyl)-6a,7,10,10a-tetrahydro-l-hydroxy- 
6,6- dimethyl-6H-dibenzo[b,d]pyran-9-methanol (HU-210) and its geo- 
metric isomers (HU211 or dexanabinol). 

ii. The following synthetic drugs: 

a. Any compound structurally derived from (lH-indole-3-yl) 
(cycloalkyl, cycloalkenyl, aryDmethanone, or (lH-indole-3-yl) 
(cycloalkyl, cycloalkenyl, aryDmethane, or (lH-indole-3-yl) 
(cycloalkyl, cycloalkenyl, aryDcarboxamide by substitution at the 
nitrogen atoms of the indole ring or carboxamide to any extent, 
whether or not further substituted in or on the indole ring to any 
extent, whether or not substituted to any extent in or on the 
cycloalkyl, cycloalkenyl, aryl ring(s) (substitution in the ring may 
include, but is not limited to, heteroatoms such as nitrogen, sulfur 
and oxygen). 

b. Any compound structurally derived from 3-(l-naphthoyl)pyrrole 
by substitution at the nitrogen atom of the p3m'ole ring to any extent. 



33 UNIFORM CONTROLLED SUBSTANCES 37-2705 

whether or not further substituted in the pyrrole ring to any extent, 
whether or not substituted in the naphthyl ring to any extent. 

c. Any compound structurally derived from 1-(1- 
naphthylmethyDindene by substitution at the 3-position of the indene 
ring to any extent, whether or not further substituted in the indene 
ring to any extent, whether or not substituted in the naphthyl ring to 
any extent. 

d. Any compound structurally derived from 3-phenylacetylindole by 
substitution at the nitrogen atom of the indole ring to any extent, 
whether or not further substituted in the indole ring to any extent, 
whether or not substituted in the phenyl ring to any extent. 

e. Any compound structurally derived from 2-(3- 
hydroxycyclohexyl)phenol by substitution at the 5-position of the 
phenolic ring to any extent, whether or not substituted in the 
cyclohexyl ring to any extent. 

f. Any compound structurally derived from 3-(benzoyl)indole struc- 
ture with substitution at the nitrogen atom of the indole ring to any 
extent, whether or not further substituted in the indole ring to any 
extent and whether or not substituted in the phenyl ring to any 
extent. 

g. [2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[l,2,3-de]- 
l,4-benzoxazin-6-yl]-l-napthalenylmethanone (WIN-55, 212-2). 

h. 3-dimethylheptyl-ll-hydroxyhexahydrocannabinol (HU-243). 
i. [(6S, 6aR, 9R, 10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan- 
2-yl]oxy-5,6,6a,7,8,9,10, lOa-octahydrophenanthridin-1-yl] acetate 
(CP 50,5561). 

(32) Ethylamine analog of phencyclidine: N-ethyl-1- 
phenylcyclohexylamine (1-phenylcyclohexyl) ethylamine; N-(l- 
phenylcyclohexyl) ethylamine, cyclohexamine, PCE; 

(33) Pyrrolidine analog of phencyclidine: l-(phenylcyclohexyl)- 
pyrrolidine, PCPy PHP; 

(34) Thiophene analog of phencyclidine l-[l-(2-thienyl)-cyclohexyl]- 
piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP; 

(35) l-[l-(2-thienyl) cyclohexyl] pyrrolidine another name: TCPy; 

(36) Spores or mycelium capable of producing mushrooms that contain 
psilocybin or psilocin. 

(e) Unless specifically excepted or unless listed in another schedule, any 
material, compound, mixture or preparation which contains any quantity of 
the following substances having a depressant effect on the central nervous 
system, including its salts, isomers, and salts of isomers whenever the 
existence of such salts, isomers, and salts of isomers is possible within the 
specific chemical designation: 

(1) Gamma hydroxybutyric acid (some other names include GHB; gam- 
ma-hydroxybutyrate, 4-hydroxybutyTate; 4-hyroxybutanoic acid; sodium 
oxybate; sodium oxybutyrate); 

(2) Flunitrazepam (also known as "R2," "Rohypnol"); 

(3) Mecloqualone; 

(4) Methaqualone. 



37-2705 FOOD, DRUGS, AND OIL 34 

(f) Stimulants. Unless specifically excepted or unless listed in another 
schedule, any material, compound, mixture, or preparation which contains 
any quantity of the following substances having a stimulant effect on the 
central nervous system, including its salts, isomers, and salts of isomers: 

(1) Aminorex (some other names: aminoxaphen, 2-amino-5-phenyl-2- 
oxazoline, or 4,5-dihydro-5-phenyl-2-oxazolamine); 

(2) Cathinone (some other names: 2-amino-l-phenol-l-propanone, alpha- 
aminopropiophenone, 2-aminopropiophenone and norephedrone); 

(3) Substituted cathinones. Any compound, except bupropion or com- 
pounds listed under a different schedule, structurally derived from 
2-aminopropan-l-one by substitution at the 1-position with either phenyl, 
naphthyl or thiophene ring systems, whether or not the compound is 
further modified in any of the following ways: 

i. By substitution in the ring system to any extent with alkyl, 
alkylenedioxy, alkoxy, haloalkyl, hydroxyl or halide substituents, 
whether or not further substituted in the ring system by one (1) or more 
other univalent substituents; 

ii. By substitution at the 3 -position with an acyclic alkyl substituent; 
iii. By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, 
benzyl or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen 
atom in a cyclic structure. 

(4) Fenethylline; 

(5) Methcathinone (some other names: 2-(methyl-amino)-propiophenone, 
alpha-(methylamino)-propiophenone, N-methylcathinone, AL-464, AL- 
422, AL-463 and UR1423); 

(6) (+/-)cis-4-methylaminorex [(+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2- 
oxazolaminej; 

(7) N-benzylpiperazine (also known as: BZP, 1-benzylpiperazine); 

(8) N-ethylamphetamine; 

(9) N,N-dimethylamphetamine (also known as: N,N-alpha-trimethyl- 
benzeneethanamine). 

History. 428; am. 1995, ch. 1, § 1, p. 3; am. 1996, ch. 

I.e., § 37-2705, as added by 1971, ch. 215, 36, § 1, p. 90; am. 1998, ch. 160, § 1, p. 545; 

§ 1, p. 939; am. 1977, ch. 234, § 1, p. 698; am. am. 2003, ch. 185, § 1, p. 499; am. 2004, ch. 

1980, ch. 160, § 1, p. 340; am. 1981, ch. 102, 302, § 1, p. 845; am. 2010, ch. 117, § 1, p. 243; 

§ 1, p. 149; am. 1984, ch. 160, § 1, p. 390; am. am. 2011, ch. 46, § 1, p. 105; am. 2011, ch. 47, 

1985, ch. 25, § 1, p. 41; am. 1986, ch. 209, § 1, § 1, p. 109; am. 2011, ch. 134, § 1, p. 368; am. 

p. 534; am. 1987, ch. 38, § 1, p. 61; am. 1988, 2012, ch. 181, § 1, p. 472; am. 2013, ch. 253, 

ch. 190, § 1, p. 337; am. 1989, ch. 177, § 1, p. § 1, p. 623. 

STATUTORY NOTES 

Amendments. The 2013 amendment, by ch. 253, rewrote 
The 2012 amendment, by ch. 181, added (d)(31)ii.a., which formerly read, "Any com- 
paragraph (d)(15) and redesignated the sub- pound structurally derived from 3-(l- 
sequent subsections accordingly; substituted naphthoyDindole or lH-indol-3- yl-(l- 
"to any extent" for "by alkyl, alkenyl, naphthyDmethane by substitution at the 
cycloalkylmethyl, cycloalkylethyl or 2-(4- nitrogen atom of the indole ring to any extent, 
morpholinyDethyl" throughout paragraph whether or not further substituted in the 
(d)(31)(ii); and inserted "[(6S, 6aR, 9R, indole ring to any extent, whether or not 
lOaR)-" and "(2R)-'' in the formula in para- substituted in the naphthyl ring to any ex- 
graph (d)(31)(ii)i. tent." 



35 UNIFORM CONTROLLED SUBSTANCES 37-2709 

Effective Dates. 

Section 2 of S.L. 2013, ch. 253 declared an 
emergency. Approved April 3, 2013. 

37-2709. Schedule III. — (a) Schedule III shall consist of the drugs 
and other substances, by whatever official name, common or usual name, 
chemical name, or brand name designated, listed in this section. 

(b) Stimulants. Unless specifically excepted or unless listed in another 
schedule, any material, compound, mixture, or preparation which contains 
any quantity of the following substances having a stimulant effect on the 
central nervous system, including its salts, isomers, (whether optical or 
geometric), and salts of such isomers whenever the existence of such salts, 
isomers, and salts of isomers is possible within the specific chemical 
designation: 

(1) Those compounds, mixtures, or preparations in dosage unit form 
containing any stimulant substances listed in schedule II which com- 
pounds, mixtures, or preparations were listed as excepted compounds 
under 21 CFR 1308.32, and any other drug of the quantitative composi- 
tion shown in that list for those drugs or which is the same except that it 
contains a lesser quantity of controlled substances. 

(2) Benzphetamine; 

(3) Chlorphentermine; 

(4) Clortermine; 

(5) Phendimetrazine. 

(c) Depressants. Unless listed in another schedule, any material, com- 
pound, mixture, or preparation which contains any quantity of the following 
substances having a potential for abuse associated with a depressant effect 
on the central nervous system: 

(1) Any compound, mixture or preparation containing: 
i. Amobarbital; 

ii. Secobarbital; 

iii. Pentobarbital or any salt thereof and one (1) or more other active 

medicinal ingredients which are not listed in any schedule. 

(2) Any suppository dosage form containing: 
i. Amobarbital; 

ii. Secobarbital; 

iii. Pentobarbital or any salt of any of these drugs and approved by the 

Food and Drug Administration for marketing only as a suppository. 

(3) Any substance which contains any quantity of a derivative of 
barbituric acid or any salt thereof, including, but not limited to: 

i. Aprobarbital; 

ii. Butabarbital (secbutabarbital); 

iii. Butalbital; 

iv. Butobarbital (butethal); 

V. Talbutal; 

vi. Thiamylal; 

vii. Thiopental; 

viii. Vinbarbital. 

(4) Chlorhexadol; 



37-2709 FOOD, DRUGS, AND OIL 36 

(5) Embutramide; 

(6) Any drug product containing gamma hydroxybutyric acid, including 
its salts, isomers, and salts of isomers, for which an application is 
approved under section 505 of the federal food, drug, and cosmetic act; 

(7) Ketamine, its salts, isomers, and salts of isomers — 7285. (Some other 
names for ketamine: (+/-)-2-(2-chlorophenyl)-2-(methylamino)- 
cyclohexanone). 

(8) Lysergic acid; 

(9) Lysergic acid amide; 

(10) Methyprylon; 

(11) Sulfondiethylme thane; 

(12) Sulfonethylmethane; 

(13) Sulfonmethane; 

(14) Tiletamine and zolazepam or any salt thereof 

(d) Nalorphine. 

(e) Narcotic drugs. Unless specifically excepted or unless listed in another 
schedule: 

(1) Any material, compound, mixture, or preparation containing limited 
quantities of any of the following narcotic drugs, or any salts thereof: 
(i) Not more than 1.8 grams of codeine, or any of its salts, per 100 
milliliters or not more than 90 milligrams per dosage unit, with an 
equal or greater quantity of an isoquinoline alkaloid of opium; 
(ii) Not more than 1.8 grams of codeine, or any of its salts, per 100 
milliliters or not more than 90 milligrams per dosage unit, with one (1) 
or more active, nonnarcotic ingredients in recognized therapeutic 
amounts; 

(iii) Not more than 300 milligrams of dihydrocodeinone, commonly 
known as hydrocodone, or any of its salts, per 100 milliliters or not more 
than 15 milligrams per dosage unit, with a fourfold or greater quantity 
of an isoquinoline alkaloid of opium; 

(iv) Not more than 300 milligrams of dihydrocodeinone, commonly 
known as hydrocodone, or any of its salts, per 100 milliliters or not more 
than 15 milligrams per dosage unit, with one (1) or more active, 
nonnarcotic ingredients in recognized therapeutic amounts; 
(v) Not more than 1.8 grams of dihydrocodeine, or any of its salts, per 
100 milliliters or not more than 90 milligrams per dosage unit, with one 
(1) or more active, nonnarcotic ingredients in recognized therapeutic 
amounts; 

(vi) Not more than 300 milligrams of ethylmorphine, or any of its salts, 
per 100 milliliters or not more than 15 milligrams per dosage unit, with 
one (1) or more ingredients in recognized therapeutic amounts; 
(vii) Not more than 500 milligrams of opium per 100 milliliters or per 
100 grams, or not more than 25 milligrams per dosage imit, with one (1) 
or more active, nonnarcotic ingredients in recognized therapeutic 
amounts; 

(viii) Not more than 50 milligrams of morphine, or any of its salts, per 
100 milliliters or per 100 grams with one (1) or more active, nonnarcotic 
ingredients in recognized therapeutic amounts. 



37 UNIFORM CONTROLLED SUBSTANCES 37-2709 

(2) Any material, compound, mixture, or preparation containing any of 
the following narcotic drugs or their salts, as set forth below: 
(i) Buprenorphine. 
(ii) [Reserved], 
(f) Anabolic steroids and human growth hormones. Any drug or hormonal 
substance, chemically and pharmacologically related to testosterone (other 
than estrogens, progestins and corticosteroids) that promotes muscle 
growth including any salt, ester or isomer of a drug or substance listed in 
this paragraph, if that salt, ester or isomer promotes muscle growth. 

(1) 13beta-ethyl-17beta-hydroxygon-4-en-3-one; 

(2) 17alpha-methyl-3alpha, 17beta-dihydroxy-5alpha~androstane; 

(3) 17alpha-methyl-3beta, 17beta-dihydroxy-5alpha-androstane; 

(4) 17alpha-methyl-3beta, 17beta-dihydroxyandrost-4-ene; 

(5) 17alpha-methyl-4-hydroxynandrolone; 

(6) 17alpha-methyl-deltal-dihydrotestosterone; 

(7) 19-nor-4-androstenediol; 

(8) 19-nor-4-androstenedione; 

(9) 19-nor-4,9( 10)-androstadienedione; 

(10) 19-nor-5-androstenediol; 

(11) 19-nor-5-androstenedione; 

(12) 1-androstenediol; 

(13) 1-androstenedione; 

( 14) 3alpha, 17beta-dihydroxy-5alpha-androstane; 

(15) 3beta,17beta-dihydroxy-5alpha-androstane; 

(16) 4-androstenediol; 

(17) 4-androstenedione; 

(18) 4-hydroxy-19-nortestosterone; 

(19) 4-hydrox3^estosterone; 

(20) 5-androstenediol; 

(21) 5-androstenedione; 

(22) Androstenedione; 

(23) Bolasterone; 

(24) Boldenone; 

(25) Boldione; 

(26) Calusterone; 

(27) Chlorotestosterone (4-chlorotestosterone); 

(28) Clostebol; 

(29) Dehydrochlormethyltestosterone; 

(30) Deltal-dihydrotestosterone; 

(31) Desoxymethyltestosterone; 

(32) Dihydrotestosterone (4-dihydrotestosterone); 

(33) Drostanolone; 

(34) Ethylestrenol; 

(35) Fluoxymesterone; 

(36) Formebulone; 

(37) Furazabol; 

(38) Human growth hormones; 

(39) Mestanolone; 



37-2709 FOOD, DRUGS, AND OIL 38 

(40) Mesterolone; 

(41) Methandienone; 

(42) Methandranone; 

(43) Methandriol; 

(44) Methandrostenolone; 

(45) Methenolone; 

(46) Methyldienolone; 

(47) Methyltestosterone; 

(48) Methyltrienolone; 

(49) Mibolerone; 

(50) Nandrolone; 

(51) Norbolethone; 

(52) Norclostebol; 

(53) Norethandrolone; 

(54) Normethandrolone; 

(55) Oxandrolone; 

(56) Oxymesterone; 

(57) Oxymetholone; 

(58) Stanolone; 

(59) Stanozolol; 

(60) Stenbolone; 

(61) Testolactone; 

(62) Testosterone; 

(63) Testosterone cypionate; 

(64) Testosterone enanthate; 

(65) Testosterone propionate; 

(66) Tetrahydrogestrinone; 

(67) Trenbolone. 

Anabolic steroids that are expressly intended for administration through 
implants to cattle or other nonhuman species, and that are approved by the 
federal Food and Drug Administration for such use, shall not be classified as 
controlled substances under this act and shall not be governed by its 
provisions. 

In addition to the penalties prescribed in article IV of the uniform 
controlled substances act, any person shall be guilty of a felony who 
prescribes, dispenses, supplies, sells, delivers, manufactures or possesses 
with the intent to prescribe, dispense, supply, sell, deliver or manufacture 
anabolic steroids or any other human growth hormone for purposes of 
enhancing performance in an exercise, sport or game or hormonal manipu- 
lation intended to increase muscle mass, strength or weight without a 
medical necessity as determined by a physician. 
(g) Hallucinogenic substances. 

(1) Dronabinol (s3nithetic) in sesame oil and encapsulated in a soft gelatin 
capsule in the federal Food and Drug Administration approved product — 
7369. (Some other names for dronabinol: (6aR-trans)-6a,7,8,10a- 
tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-l-ol or (-)-del- 
ta-9-(trans)-tetrahydrocannabinol). 
(h) Other substances. Unless specifically excepted, or unless listed in 



39 UNIFORM CONTROLLED SUBSTANCES 37-2711 

another schedule, any material, compound, mixture, or preparation which 
contains any quantity of the following substance, including its salts: 

(1) Butorphanol. 

(i) The board may except by rule any compound, mixture, or preparation 
containing any stimulant or depressant substance listed in subsections (b) 
and (c) of this section from the application of all or any part of this act if the 
compound, mixture, or preparation contains one (1) or more active medicinal 
ingredients not having a stimulant or depressant effect on the central 
nervous system, and if the admixtures are included therein in combinations, 
quantity, proportion, or concentration that vitiate the potential for abuse of 
the substances which have a stimulant or depressant effect on the central 
nervous system. 

History. § 2, p. 72; am. 1996, ch. 36, § 2, p. 90; am. 

LC, § 37-2709, as added by 1971, ch. 215, 2000, ch. 110, § 2, p. 242; am. 2003, ch. 185, 

§ 1, p. 939; am. 1972, ch. 133, § 4, p. 261; am. § 2, p. 499; am. 2006, ch. 203, § 1, p. 620; am. 

1977, ch. 234, § 3, p. 698; am. 1980, ch. 160, 2010, ch. 117, § 3, p. 243; am. 2012, ch. 181, 

§ 3, p. 340; am. 1982, ch. 91, § 1, p. 165; am. § 2, p. 472. 
1984, ch. 160, § 3, p. 390; am. 1992, ch. 24, 

STATUTORY NOTES 

Amendments. der 21 C.F.R. Sec. 308.32" in paragraph (b)(1); 

The 2012 amendment, by ch. 181, substi- deleted paragraph (f)(28) "Chorionic gonado- 

tuted "were hsted as excepted compounds tropin;" and renumbered the subsequent 

under 21 CFR 1308.32" for "were hsted on paragraphs accordingly. 
August 25, 1971, as excepted compounds un- 

37-2711. Schedule rV. — (a) Schedule IV shall consist of the drugs and 
other substances, by whatever official name, common or usual name, 
chemical name, or brand name designated, listed in this section. 

(b) Narcotic drugs. Unless specifically excepted or unless listed in an- 
other schedule, any material, compound, mixture, or preparation containing 
any of the following narcotic drugs, or their salts calculated as the free 
anhydrous base or alkaloid, in limited quantities as set forth below: 

(1) No more than 1 milligram of difenoxin and not less than 25 micro- 
grams of atropine sulfate per dosage unit; 

(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-l, 2-diphenyl-3- 
methyl-2 -pr opionoxybutane ) . 

(c) Depressants. Unless specifically excepted or unless listed in another 
schedule, any material, compound, mixture, or preparation which contains 
any quantity of the following substances, including its salts, isomers, and 
salts of isomers whenever the existence of such salts, isomers, and salts of 
isomers is possible within the specific chemical designation: 

(1) Alprazolam; 

(2) Barbital; 

(3) Bromazepam; 

(4) Camazepam; 

(5) Carisprodol; 

(6) Chloral betaine; 

(7) Chloral hydrate; 



37-2711 FOOD, DRUGS, AND OIL 40 

(8) Chlordiazepoxide; 

(9) Clobazam; 

(10) Clonazepam; 

(11) Clorazepate; 

(12) Clotiazepam; 

(13) Cloxazolam; 

(14) Delorazepam; 

(15) Diazepam; 

(16) Dichloralphenazone; 

(17) Estazolam; 

(18) Ethchlorvynol; 

(19) Ethinamate; 

(20) Ethyl loflazepate; 

(21) Fludiazepam; 

(22) Flurazepam; 

(23) Halazepam; 

(24) Haloxazolam; 

(25) Ketazolam; 

(26) Loprazolam; 

(27) Lorazepam; 

(28) Lormetazepam; 

(29) Mebutamate; 

(30) Medazepam; 

(31) Meprobamate; 

(32) Methohexital; 

(33) Methylphenobarbital (mephobarbital); 

(34) Midazolam; 

(35) Nimetazepam; 

(36) Nitrazepam; 

(37) Nordiazepam; 

(38) Oxazepam; 

(39) Oxazolam; 

(40) Paraldehyde; 

(41) Petrichloral; 

(42) Phenobarbital; 

(43) Pinazepam; 

(44) Prazepam; 

(45) Temazepam; 

(46) Tetrazepam; 

(47) Triazolam; 

(48) Quazepam; 

(49) Zaleplon; 

(50) Zolpidem; 

(51) Zopiclone. 

(d) Fenfluramine — Any material, compound, mixture, or preparation 
which contains any quantity of the following substances, including its salts, 
isomers (whether optical, position, or geometric), and salts of such isomers, 
whenever the existence of such salts, isomers, and salts of isomers is 
possible: 



41 UNIFORM CONTROLLED SUBSTANCES 37-2713 

(1) Dexfenfluramine; 

(2) Fenfluramine. 

(e) Stimulants. Unless specifically excepted or unless listed in another 
schedule, any material, compound, mixture, or preparation which contains 
any quantity of the following substances having a stimulant effect on the 
central nervous system, including its salts, isomers (whether optical, 
position, or geometric), and salts of such isomers whenever the existence of 
such salts, isomers, and salts of isomers is possible within the specific 
chemical designation: 

(1) Cathine ((+)-norpseudoephedrine); 

(2) Diethylpropion; 

(3) Fencamfamin; 

(4) Fenproporex; 

(5) Mazindol; 

(6) Mefenorex; 

(7) Modafinil; 

(8) Pemoline (including organometallic complexes and chelates thereof); 

(9) Phentermine; 

(10) Pipradrol; 

(11) Sibutramine; 

(12) SPA ((-)-l-dimethylamino-l,2-diphenylethane). 

(f) Other substances. Unless specifically excepted, or unless listed in 
another schedule, any material, compound, mixture or preparation which 
contains any quantity of the following substances, including its salts: 

(1) Pentazocine; 

(2) Fospropofol. 

(g) The board may except by rule any compound, mixture, or preparation 
containing any depressant substance listed in subsection (c) of this section 
from the application of all or any part of this act if the compound, mixture, 
or preparation contains one (1) or more active medicinal ingredients not 
having a depressant effect on the central nervous system, and if the 
admixtures are included therein in combinations, quantity, proportion, or 
concentration that vitiate the potential for abuse of the substances which 
have a depressant effect on the central nervous system. 

History. § 3, p. 534; am. 1988, ch. 190, § 3, p. 337; am. 

LC, § 37-2711, as added by 1971, ch. 215, 1989, ch. 177, § 3, p. 428; am. 1989, ch. 197, 

§ 1, p. 939; am. 1977, ch. 234, § 4, p. 698; am. § 1, p. 493; am. 1992, ch. 24, § 3, p. 72; am. 

1980, ch. 160, § 4, p. 340; am. 1981, ch. 102, 1996, ch. 36, § 3, p. 90; am. 1999, ch. 67, § 1, 

§ 3, p. 149; am. 1982, ch. 91, § 2, p. 165; am. p. 177; am. 2010, ch. 117, § 4, p. 243; am. 

1984, ch. 160, § 4, p. 390; am. 1986, ch. 209, 2012, ch. 181, § 3, p. 472. 

STATUTORY NOTES 

Amendments. paragraph (c)(5) and renumbered the subse- 

The 2012 amendment, by ch. 181, added quent paragraphs accordingly. 

37-2713. Schedule V. — (a) Schedule V shall consist of the drugs and 
other substances, by whatever official name, common or usual name, 
chemical name, or brand name designated, listed in this section. 



37-2726 FOOD, DRUGS, AND OIL 42 

(b) Narcotic drugs. Unless specifically excepted or unless listed in an- 
other schedule, any material, compound, mixture, or preparation containing 
any of the following narcotic drugs and their salts, as set forth below. 

(c) Narcotic drugs containing nonnarcotic active medicinal ingredients. 
Any compound, mixture, or preparation containing any of the following 
limited quantities of narcotic drugs or salts thereof, which shall include one 
(1) or more nonnarcotic active medicinal ingredients in sufficient proportion 
to confer upon the compound, mixture, or preparation, valuable medicinal 
qualities other than those possessed by the narcotic drug alone: 

(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 
grams; 

(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or 
per 100 grams; 

(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or 
per 100 grams; 

(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 
micrograms of atropine sulfate per dosage unit; 

(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 
grams; 

(6) Not more than 0.5 milligrams difenoxin and not less than 25 micro- 
grams of atropine sulfate per dosage unit. 

(d) Other substances. Unless specifically excepted or unless listed in 
another schedule, any material, compound, mixture or preparation which 
contains any quantity of the following substances, including its salts: 

( 1) Ezogabine [N- [2-amino-4-(4-fluorobenzylamino)-phenyl] -carbamic 
acid ethyl ester] -2779; 

(2) Lacosamide; 

(3) Pregabalin; 

(4) Propylhexedrine (except as Benzedrex® inhaler); 

(5) Pyrovalerone. 

History. 1989, ch. 177, § 4, p. 428; am. 1990, ch. 29, 

I.e., § 37-2713, as added by 1971, ch. 215, § 1, p. 44; am. 2003, ch. 185, § 3, p. 499; am. 

§ 1, p. 939; am. 1977, ch. 234, § 5, p. 698; am. 2010, ch. 117, § 5, p. 243; am. 2012, ch. 181, 

1980, ch. 160, § 5, p. 340; am. 1984, ch. 160, § 4, p. 472. 
§ 5, p. 390; am. 1986, ch. 209, § 4, p. 534; am. 

STATUTORY NOTES 

Amendments. paragraph (d)(1) and renumbered the subse- 

The 2012 amendment, by ch. 181, added quent paragraphs accordingly. 

Article III 



37-2726. Filing prescriptions — Database. — (1) All controlled 
substances dispensed for humans shall be filed with the board electronically 
in a format established by the board or by other method as required by board 
rule. The board may require the filing of other prescriptions by board rule. 
The board shall establish by rule the information to be submitted pursuant 



43 UNIFORM CONTROLLED SUBSTANCES 37-2726 

to the purposes of this section and the purposes set forth in section 
37-2730A, Idaho Code. 

(2) The board shall create, operate and maintain a controlled substances 
prescriptions database containing the information submitted pursuant to 
subsection (1) of this section, to be used for the purposes and subject to the 
terms, conditions and immunities described in section 37-2730A, Idaho 
Code. The database information must be made available only to the 
following: 

(a) Authorized individuals employed by Idaho's boards or other states' 
licensing entities charged with the licensing and discipline of practitio- 
ners; 

(b) Peace officers employed by federal, state and local law enforcement 
agencies engaged as a specified duty of their employment in enforcing law 
regulating controlled substances; 

(c) Authorized individuals under the direction of the department of 
health and welfare for the purpose of monitoring and enforcing that 
department's responsibilities under the public health, medicare and 
medicaid laws; 

(d) A practitioner, licensed in Idaho or another state, having authority to 
prescribe controlled substances, to the extent the information relates 
specifically to a current patient of the practitioner to whom the practitio- 
ner is prescribing or considering prescribing any controlled substance; 

(e) A pharmacist, licensed in Idaho or another state, having authority to 
dispense controlled substances to the extent the information relates 
specifically to a current patient to whom that pharmacist is dispensing or 
considering dispensing any controlled substance, or providing pharma- 
ceutical care as defined in the Idaho pharmacy act; 

(f) An individual who is the recipient of a controlled substance prescrip- 
tion entered into the database or that individual's attorney, upon provid- 
ing evidence satisfactory to the board that the individual requesting the 
information is in fact the person about whom the data entry was made or 
the attorney for that person; 

(g) Upon the lawful order of a court of competent jurisdiction; and 

(h) Prosecuting attorneys, deputy prosecuting attorneys and special 
prosecutors of a county or city and special assistant attorneys general 
from the office of the attorney general engaged in enforcing law regulating 
controlled substances. 

(3) The board must maintain records on the information disclosed from 
the database, including: 

(a) The identification of each individual who requests or receives infor- 
mation from the database and who that individual represents; 

(b) The information provided to each such individual; and 

(c) The date and time the information is requested or provided. 

(4) The board shall promulgate rules to ensure that only authorized 
individuals have access to the database. 

(5) Any person who knowingly misrepresents to the board that he is a 
person entitled under subsection (2) of this section to receive information 
from the controlled substances prescriptions database under the conditions 



37-2726 FOOD, DRUGS, AND OIL 44 

therein provided, and who receives information from the controlled sub- 
stances prescriptions database resulting from that misrepresentation, shall 
be guilty of a misdemeanor, punishable by imprisonment in a county jail not 
to exceed six (6) months, or by a fine not to exceed two thousand dollars 
($2,000), or both. The foregoing criminal penalty is in addition to, and not in 
lieu of, any other civil or administrative penalty or sanction authorized by 
law. 

(6) Any person in possession, whether lawfully or unlawfully, of informa- 
tion from the controlled substances prescriptions database which identifies 
an individual patient and who knowingly discloses such information to a 
person not authorized to receive or use such information under any state or 
federal law, rule or regulation; the lawful order of a court of competent 
jurisdiction; or written authorization of the individual patient shall be guilty 
of a misdemeanor, punishable by imprisonment in a county jail not to exceed 
six (6) months, or by a fine not to exceed two thousand dollars ($2,000), or 
both. The foregoing criminal penalty is in addition to, and not in lieu of, any 
other civil or administrative penalty or sanction authorized by law. The 
provisions of this subsection shall not apply to disclosure of individual 
patient information by the patient himself The provisions of this subsection 
shall not apply to disclosure of information by a prosecuting attorney, 
deputy prosecuting attorney or special prosecutor of a county or city or by a 
special assistant attorney general from the office of the attorney general in 
the course of a criminal proceeding, whether preconviction or 
postconviction. 

(7) Any person with access to the board's online prescription monitoring 
program pursuant to a board issued user account, login name and password 
who intentionally shares or recklessly fails to safeguard his user account, 
login name and password, resulting in another person not authorized to 
receive or use such information under the provisions of any state or federal 
law, rule or regulation obtaining information from the controlled substances 
prescriptions database, shall be guilty of a misdemeanor, punishable by 
imprisonment in a county jail not to exceed six (6) months or by a fine not 
to exceed two thousand dollars ($2,000), or both. The foregoing criminal 
penalty is in addition to, and not in lieu of, any other civil or administrative 
penalty or sanction authorized by law. 

(8) The board may, at its discretion, block access to certain controlled 
substances prescriptions database data if the board has reason to believe 
that access to the data is or may be used illegally. 

(9) All costs associated with recording and submitting data as required in 
this section are assumed by the dispensing practitioner recording and 
submitting the data. 

History. 2008, ch. 129, § 1, p. 362; am. 2012, ch. 185, 

I.e. § 37-2726, as added by 2001, ch. 178, § 1, p. 489; am. 2012, ch. 198, § 1, p. 531. 
§ 5, p. 601; am. 2006, ch. 175, § 2, p. 535; am. 



45 UNIFORM CONTROLLED SUBSTANCES 37-2730A 

STATUTORY NOTES 

Amendments. "practitioner, licensed in Idaho or another 

This section was amended by two 2012 acts state" for "hcensed practitioner" near the be- 

which appear to be compatible and have been ginning of paragraph (2)(a); substituted 

compiled together. "pharmacist, licensed in Idaho or another 

The 2012 amendment, by ch. 185, substi- state" for "hcensed pharmacist" and added "or 

tuted "dispensed for humans" for "prescrip- providing pharmaceutical care as defined in 

tions" in the first sentence m subsection (1) ^^^ j^j^ho pharmacy act" in paragraph (2)(e); 

The 2012 amendment by ch. 198, m sub- ^^^^^ subsections (7) and (8); renumbered 

section (2), substituted employed by Idaho s ^^^^^ subsection (7) as subsection (9); and 

boards or other states licensing entities ^^^^^^^ ^^^^^^ subsection (8), which read, 

charged with for employed by the boards „^j^^ definitions set forth in section 37-2701, 

responsible for conducting investigations re- tj i /-• j i. n i x ..i.- ^- » 

lated to" in paragraph (2)(a); substituted Idaho Code, shall apply to this section. 

37-2730A. Prescription tracking program. — (1) The board shall 
maintain a program to track the prescriptions for controlled substances that 
are filed with the board under section 37-2726, Idaho Code, for the purpose 
of assisting in identifying illegal activity related to the dispensing of 
controlled substances and for the purpose of assisting the board in providing 
information to patients, practitioners and pharmacists to assist in avoiding 
inappropriate use of controlled substances. The tracking program and any 
data created thereby shall be administered by the board. 

(2) The board shall use the information obtained through the tracking 
program in identifying activity it reasonably suspects may be in violation of 
this chapter or medical assistance law. The board shall report this informa- 
tion to the individuals and persons set forth in section 37-2726(2), Idaho 
Code. The board may release unsolicited information to pharmacists and 
practitioners when the release of information may be of assistance in 
preventing or avoiding inappropriate use of controlled substances. The 
board may provide the appropriate law enforcement agency, medicaid or 
medicare agency or licensing board with the relevant information in the 
board's possession, including information obtained from the tracking pro- 
gram, for further investigation, or other appropriate law enforcement or 
administrative enforcement use. 

(3) Information, which does not identify individual patients, practitioners 
or dispensing pharmacists or pharmacies, may be released by the board for 
educational, research or public information purposes. 

(4) Nothing herein shall prevent a pharmacist or practitioner from 
furnishing another pharmacist or practitioner information obtained pursu- 
ant to and in compliance with this chapter. 

(5) Unless there is shown malice or criminal intent or gross negligence or 
reckless, willful and wanton conduct as defined in section 6-904C, Idaho 
Code, the state of Idaho, the board, any other state agency, or any person, or 
entity in proper possession of information as herein provided shall not be 
subject to any liability or action for money damages or other legal or 
equitable relief by reason of any of the following: 

(a) The furnishing of information under the conditions herein provided; 

(b) The receiving and use of, or reliance on, such information; 

(c) The fact that any such information was not furnished; or 



37-2732 FOOD, DRUGS, AND OIL 46 

(d) The fact that such information was factually incorrect or was released 

by the board to the wrong person or entity. 

(6) The board may apply for any available grants and accept any gifts, 
grants or donations to assist in developing and maintaining the program 
required by this section. 

History. 2006, ch. 175, § 3, p. 535; am. 2012, ch. 198, 

I.e., § 37-2730A, as added by 2000, ch. 194, § 2, p. 531; am. 2013, ch. 6, § 1, p. 14. 
§ 1, p. 479; am. 2001, ch. 178, § 6, p. 601; am. 

STATUTORY NOTES 

Amendments. ent subsection (4) and redesignated former 

The 2012 amendment, by ch. 198, inserted subsections (4) and (5) as present subsections 

the third sentence in subsection (2). (5) and (6). 
The 2013 amendment, by ch. 6, added pres- 

Article IV 



37-2732. Prohibited acts A — Penalties. 

JUDICIAL DECISIONS 

Analysis 

Exercise of reUgion. 
Restitution. 

Exercise of Religion. of conspiracy to traffic in cocaine, even though 

Prosecution of defendant who claimed that there was no mention of restitution in the 

he was an ordained minister and that he plea agreement. State v. Gomez, — Idaho — , 

provided marijuana to be smoked by his 281 P.3d 90 (2012). 

friends as a sacrament did not violate his Because the dismissal of a felony conviction 

right to the free exercise of religion under the became final after the expiration of the time 

state and federal constitutions. This section is ^^^ appeal or affirmance of the dismissal on 

a statute of general appHcation and it does f PP^^l' ^ district court s jurisdiction to amend 

not proscribe any conduct because it is en- *^^ «^^,^^ T'^TAf *^^\*^"^^- Jurisdiction 

J . r T • L r was not extended for a motion, seeking reim- 

gaged in for religious reasons or because of ^^^3^^^^^ for restitution already paid to the 

the religious belief It portrays. It is entirely ^^^^^ ^^^^ ^^^ ^1^^ 10 ^^^^^s after the 

neutral with respect to religion. State v. dismissal. Even assuming the district court 

Fluewellmg, 150 Idaho 576, 249 P.3d 375 had subject matter jurisdiction, it lacked per- 

(2011). sonal jurisdiction over the nonparty agencies 

„ ... .. that collected, disbursed, or retained the mon- 

Kestitution. r ^ .■ n. ' ies paid. State v. Peterson, — Idaho — , 280 

A reasonable reading of subsection (k) m- pg^ -j^g^ /^^ ^ 2012) 
eludes costs incurred for law enforcement 

employees' attendance at a restitution hear- Cited in: State v. Turek, 150 Idaho 745, 

ing and the costs of their investigation. State 250 P.3d 796 (Ct. App. 2011); State v. Johnson, 

V Mosqueda, 150 Idaho 830, 252 P3d 563 (Ct. 152 Idaho 56, 266 P3d 1161 (Ct. App. 2011); 

App. 2010). State v. Betancourt, 151 Idaho 635, 262 P3d 

Under § 19-5304, the court properly en- 278 (Ct. App. 2011); State v. Kessler, 151 

tered a civil judgment for restitution against Idaho 653, 262 P.3d 682 (Ct. App. 2011); 

a defendant who agreed to plead guilty to two Hoffman v. State, — Idaho — , 277 P.3d 1050 

counts of trafficking in cocaine and one count (Ct. App. 2012). 



47 UNIFORM CONTROLLED SUBSTANCES 37-2739A 

RESEARCH REFERENCES 

A.L.R. — Availability of defense of duress 
or coercion in prosecution for violation of 
federal narcotics laws. 71 A.L.R. Fed. 2d 481. 

37-2732B. Trafficking — Mandatory sentences. 

JUDICIAL DECISIONS 

Analysis 

Enhanced sentence. 
Sentence upheld. 

Enhanced Sentence. Sentence Upheld. 

The plain language of paragraph (7) clearly Defendant's 10-year sentence, with a mini- 
demonstrates that, if it is established at the mum period of confinement of three years, for 
time of sentencing that the conviction for trafficking in methamphetamine was appro- 
which the defendant is being sentenced is the priate. Although sentence was for a first time 
second trafficking conviction for the defen- felony, it fell well within the minimum of 
dant, the sentencing court shall apply a man- three yers and the maximum of life mandated 
datory minimum fixed term that is twice what by the provisions of this section for traffick- 
is otherwise required. The plain language ing. State v. Dewitt, — Idaho — , 289 P.3d 60 
does not require that the arrest for the second (q^ App. 2012). 
trafficking offense occur after a defendant's 

first trafficking conviction. State v. Beavers, Cited in: State v. Johnson, 152 Idaho 56, 

152 Idaho 180, 268 P.3d 1 (Ct. App. 2010). 266 P.3d 1161 (Ct. App. 2011). 

RESEARCH REFERENCES 

A.L.R. — Availability of defense of duress 
or coercion in prosecution for violation of 
federal narcotics laws. 71 A.L.R. Fed. 2d 481. 

37-2734. Prohibited acts C — Penalties. 

JUDICIAL DECISIONS 

Cited in: State v. Summers, 152 Idaho 35, 
266 P.3d 510 (Ct. App. 2011). 

37-2734A. Prohibited acts D — Penalties. 

JUDICIAL DECISIONS 

Cited in: State v. Turek, 150 Idaho 745, 
250 P.3d 796 (Ct. App. 2011); State v. Johnson, 
152 Idaho 56, 266 P3d 1161 (Ct. App. 2011). 

37-2739A. Mandatory minimum penalty. 

JUDICIAL DECISIONS 

Admission. section, an admission to an earlier, qualifying 

To be used to enhance a sentence under this offense must be voluntary; that is, it made 



37-3201 FOOD, DRUGS, AND OIL 48 

must be made with a full understanding of 
the consequences. State v. Beavers, 152 Idaho 
180, 268 P.3d 1 (Ct. App. 2010). 

CHAPTER 32 
LEGEND DRUG CODE IMPRINT 

SECTION. 

37-3201. Definitions. 

37-3201. Definitions. — As used in this chapter: 

(1) "Code imprint" means a series of letters or numbers assigned by the 
manufacturer or distributor to a specific drug, or marks or monograms 
unique to the manufacturer or distributor of the drug, or both; 

(2) "Distributor" means a person who distributes for resale a drug in solid 
dosage form under his own label even though he is not the actual manufac- 
turer of the drug; 

(3) "Solid dosage form" means capsules or tablets intended for oral use; 

(4) "Legend drug" means any drug defined by section 54- 1705(32 [4]) [(35)], 
Idaho Code. 

History. § 3, p. 888; am. 2009, ch. 244, § 1, p. 748; am. 

I.e., § 37-3201, as added by 1981, ch. 41, 2011, ch. 135, § 1, p. 375; am. 2013, ch. 28, 

§ 1, p. 63; am. 2002, ch. 26, § 3, p. 29; am. § 1, p. 52; am. 2013, ch. 270, § 4, p. 698. 
2002, ch. 69, § 1, p. 155; am. 2006, ch. 290, 

STATUTORY NOTES 

Amendments. Compiler's Notes. 

This section was amended by two 2013 acts The bracketed insertion in subsection (4) 

which appear to be compatible and have been was added by the compiler to account for the 

compiled together. reconciliation of the 2013 amendments of 

The 2013 amendments, by chs. 28 and 270, § 54-1705. 
updated the reference in subsection (4) to 
reflect the 2013 amendment of § 54-1705. 

CHAPTER 33 
RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS 

SECTION. SECTION. 

37-3303. Limitations on sales and purchases. 37-3303A. Electronic tracking system. 

37-3303. Limitations on sales and purchases. — (1) It shall be 
unlawful for any retailer to knowingly sell, transfer or otherwise furnish in 
a single day a pseudoephedrine product or products containing more than a 
base amount of three and six-tenths (3.6) grams of pseudoephedrine. 

(2) It shall be unlawful for any person to knowingly purchase from a 
retailer more than the daily sales limit of a pseudoephedrine product or 
products containing a base amount of three and six-tenths (3.6) grams per 
purchaser or more than a base amount of nine (9) grams of pseudoephedrine 
in a single thirty (30) day period, regardless of the number of transactions. 

(3) The retailer shall not sell the pseudoephedrine product unless the 



49 RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS 37-3303 

purchaser presents a photographic identification card issued by a state or by 

the federal government. 

(4)(a) A retailer shall, before completing a sale under the provisions of 
this section, submit the required information to the electronic sales 
tracking system established under section 37-3303A, Idaho Code, as long 
as such a system is available without charge to the retailer for accessing 
the system. The retailer may not complete the sale if the system generates 
a stop sale alert, except as permitted in section 37-3303A, Idaho Code. 

(b) If a retailer selling a nonprescription pseudoephedrine product expe- 
riences mechanical or electronic failure of the electronic sales tracking 
system and is unable to comply with the electronic sales tracking 
requirement, he or she shall make available for inspection by any law 
enforcement officer or board inspector during normal business hours the 
logbook required by the federal combat methamphetamine epidemic act of 
2005 until such time as he or she is able to comply with the electronic 
sales tracking requirement. 

(c) A retailer selling a nonprescription pseudoephedrine product may 
seek an exemption from submitting transactions to the electronic sales 
tracking system in writing to the board of pharmacy stating the reasons 
for the exemption. The board may grant an exemption for good cause 
shown, but in no event shall a granted exemption exceed one hundred 
eighty (180) days. The board may grant multiple exemptions for any 
retailer if the good cause shown indicates significant hardship for com- 
pliance with this section. A retailer that receives an exemption shall make 
available for inspection by any law enforcement officer or board inspector 
during normal business hours the logbook required by the federal combat 
methamphetamine epidemic act of 2005. For purposes of this subsection, 
"good cause" includes, but is not limited to, situations where the instal- 
lation of the necessary equipment to access the system is unavailable or 
cost prohibitive to the retailer. 

(d) A retailer may withdraw from participating in the electronic sales 
tracking system if the system is no longer being furnished without charge 
for accessing the system. A retailer who withdraws from the electronic 
sales tracking system is subject to the same requirements as a retailer 
who has been granted an exemption under subsection (c) of this section. 

(e) For the purposes of subsection (4) of this section and section 37-3303A, 
Idaho Code: 

(i) "Charge for accessing the system" means charges relating to: 

1. Access to the web-based electronic sales tracking software; 

2. Training; and 

3. Technical support to integrate to point of sale vendors, if neces- 
sary. 

(ii) "Charge for accessing the system" does not include: 

1. Charges relating to required internet access; 

2. Optional hardware that a pharmacy may choose to purchase for 
work flow purposes; or 

3. Other equipment. 



37-3303A FOOD, DRUGS, AND OIL 50 

History. 

I.e., § 37-3303, as added by 2006, ch. 95, 
§ 1, p. 269; am. 2012, ch. 303, § 1, p. 841. 

STATUTORY NOTES 

Amendments. subsections (1) through (3) and added subsec- 

The 2012 amendment, by ch. 303, rewrote tion (4). 

37-3303 A. Electronic tracking system. — (1) The board of pharmacy 
shall implement a real-time electronic sales tracking system to monitor the 
nonprescription sale of pseudoephedrine products in this state provided that 
such system is available to the state without charge for accessing the system 
to the state or retailers. If a real-time electronic sales tracking system is not 
available to the state without charge for accessing the system to the state or 
retailers, the board of pharmacy shall not be required to create such a 
system. 

(2) The records submitted to the tracking system shall include the 
following: 

(a) The purchaser's name and address; 

(b) The purchaser's signature, either on a written form or stored elec- 
tronically in the tracking system, attesting to the validity of all informa- 
tion provided; 

(c) The t3^e of photographic identification presented pursuant to section 
37-3303, Idaho Code; 

(d) The number and issuing government entity of the photographic 
identification presented; 

(e) The date and time of sale; and 

(f) The name and quantity of the product sold. 

(3) The records submitted to the tracking system are for the confidential 
use of the retailer who submitted such records, except that: 

(a) The records must be produced in court when lawfully required; 

(b) The records must be open for inspection by the board of pharmacy; 
and 

(c) The records must be available to any general or limited authority 
Idaho peace officer to enforce the provisions of this chapter or to federal 
law enforcement officers. 

(4) The electronic sales tracking system shall be capable of generating a 
stop sale alert, which shall be a notification that completion of the sale 
would result in the seller or purchaser violating the quantity limits in 
section 37-3303, Idaho Code. The system shall contain an override function 
for use by a dispenser of pseudoephedrine products. Each instance in which 
the override function is utilized shall be logged by the system. 

(5) The board of pharmacy shall have the authority to adopt rules 
necessary to implement and enforce the provisions of this section and 
section 37-3303, Idaho Code. 

(6) A retailer participating in the electronic sales tracking system: 

(a) Is not liable for civil damages resulting from any act or omission in 
carrying out the requirements of this section or section 37-3303, Idaho 



51 RETAIL SALES OF PSEUDOEPHEDRINE PRODUCTS 37-3303A 

Code, other than an act or omission constituting gross neghgence or 
willful or wanton misconduct; and 

(b) Is not liable for civil damages resulting from a data breach that was 
proximately caused by a failure on the part of the electronic sales tracking 
system to take reasonable care through the use of industry standard 
levels of encryption to guard against unauthorized access to account 
information that is in the possession or control of the system. 

History. 

LC, § 37-3303A, as added by 2012, ch. 303, 
§ 2, p. 841. 



111 



iK; 



i